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Results:1-10 of 14

CAN-SPAM Act may be applicable to Facebook messages
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The CAN-SPAM Act may apply to communications intended to drive users of the Facebook social network to "pages" that redirect the users to an advertiser's external Web site and also encourage them to send additional messages to other users, a district court ruled.


In keyword advertising dispute, Ninth Circuit says trademark infringement requires more than initial interest confusion
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Courts must be flexible in applying the law in the Internet context, the U.S. Court of Appeals for the Ninth Circuit emphasized in a dispute involving the use of trademark terms in keyword advertising.


Cable operator ordered to disclose subscriber information for 1,200 accounts
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Providing information on over 1,200 subscribers who are alleged to have downloaded and distributed unauthorized copies of a motion picture on a P2P file-sharing network is not an undue burden on an ISP, a district court ruled, also rejecting arguments that the order infringed the subscribers' right to anonymous communication.


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.


E-mails sent to transferred domain name and read by new domain owner not intercepted under ECPA
  • Proskauer Rose LLP
  • USA
  • January 11 2011

E-mails that were sent to e-mail accounts connected to a domain name that was transferred pursuant to a settlement agreement, and that were read by the new domain name owner, were not "intercepted" within the meaning of the Electronic Communications Privacy Act, a district court ruled.


Third-party civil discovery subpoena to web mail and social networking providers unenforceable under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A third-party civil discovery subpoena issued to providers of Web mail services and social networking services is unenforceable under the Stored Communications Act, a district court ruled.


No violation of California anti-spam law in transmission of commercial e-mail from multiple domains to bypass spam filters
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A marketer did not violate California anti-spam laws when it sent e-mails from multiple domains in order to bypass spam filters, the California Supreme Court ruled.


Cost of examining third-party computers to locate and delete misappropriated files not compensable under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A plaintiff who claimed that his files were copied without authorization from a purloined "thumb drive" and onto various third-party computers failed to show a compensable loss under the Computer Fraud and Abuse Act because he failed to show that the thumb drive was somehow damaged or impaired by the defendant's act of accessing the drive, a district court ruled.


U.S. Supreme Court unanimously overturns Ninth Circuit, finding employer's review of personal text messages reasonable
  • Proskauer Rose LLP
  • USA
  • June 17 2010

Today, in a decision authored by Justice Anthony Kennedy, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving an employee’s assertion that a government employer had violated the Fourth Amendment by unreasonably obtaining and reviewing personal text messages sent and received on employer-issued pagers.


ECPA not applicable to ISP's alleged disclosure of communications to foreign government
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The Electronic Communications Privacy Act does not apply to the actions of an ISP that allegedly revealed subscribers' personal information and communications to a foreign government, where the acts of disclosure and interception took place in a foreign country, a district court ruled.