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Results: 1-10 of 47

No Fourth Amendment violation in transfer of laptop seized at border for forensic examination
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled


No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district court ruled


Employee violation of employer computer use policy can support CFAA criminal charge
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled


Cost of credit monitoring for victims of data security breach constitutes loss under CFAA
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled


Decreased value of consumer personal information resulting from security breach confers standing in personal injury suit
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled


Ninth Circuit revises controversial opinion limiting government searches of electronically stored information
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, revised its August 2009 opinion addressing warrant applications by law enforcement officials seeking access to electronically stored information


Tort plaintiff lacked reasonable expectation of privacy in social network communications
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A tort plaintiff lacked a reasonable expectation of privacy in e-mails and other communications shared with third parties on social networking sites, a New York State trial court ruled


Online provider's selective deletion and retention of third-party business reviews protected by CDA Section 230
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An online business review site is not liable for alleged defamatory comments posted by a third party user of the site, a New York trial court ruled


Transfer of packaged software was a license, not a sale, under copyright first sale doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A transaction involving the transfer of packaged software from a developer to a user was a license, not a sale, under the copyright first sale doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled


Use of e-mail client rule to acquire copies of e-mail messages violates Wiretap Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled