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Results: 1-10 of 59

Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled


Actual damages for copyright infringement of software code supported by monetary value of work by contributors to open source project
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A claim for actual damages for infringement of open source software code is not precluded because the code was distributed without charge, a district court ruled


Bills to regulate consumer privacy introduced in U.S. House and Senate
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Several bills aimed at regulating the collection and use of consumer personal information was introduced in Congress in April


Infringement and circumvention of massively multiplayer online video game yield $300,000 damages award
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The court entered a default judgment for statutory damages for trademark and copyright infringement and circumvention of technological measures resulting from the distribution of unauthorized copies of the plaintiff's videogame


U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act


No CFAA violation where software licensor with administrative password gave server access to licensor's competitor
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled


Rule of lenity limits criminal prosecution under Computer Fraud and Abuse Act for acts of employee disloyalty
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceeded authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled


Warrant required for delayed search of laptop seized at border
  • Proskauer Rose LLP
  • USA
  • July 29 2010

While the search of a laptop computer at a border crossing did not require a search warrant, one of two subsequent warrantless searches of the laptop after it was seized by law enforcement officials violated the Fourth Amendment, a district court ruled


Damage, impairment or interruption of service required to show compensable loss under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A compensable "loss" under the Computer Fraud and Abuse Act is not established by an allegation that a company spent in excess of $5,000 to investigate unauthorized access to its computerized data, where the company failed to show any underlying damage, impairment or interruption of service to a computer or a computer system, a district court held


No Fourth Amendment violation in ISP scanning of user e-mail, and reporting of suspected child pornography in compliance with law
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An Internet service provider that scanned user e-mail in order to screen out images containing child pornography, and reported suspected images in compliance with federal law, was not acting as an agent of law enforcement for Fourth Amendment purposes, the U.S. Court of Appeals for the Fourth Circuit ruled