Digital Media Lawyer Blog

Recent Posts from Digital Media Lawyer Blog

• How Far Must an Employer Go in Preventing Employee Internet Misconduct?

  Employers often wonder how far they have to go in preventing employees from committing crimes or torts on the Internet. In a recent decision, the Wisconsin Court of Appeals found that an employer is only…

• Bosh v. Zavala: Was the Court's Order that a Cybersquatter to Turn Over 700 Domain Names that Incorporated Names of Non-appearing Parties to a Plaintiff Proper?

  In a recent ruling, a judge in the Central District of California ordered a defendant in a cybersquatting case to turn over hundreds of domain names that incorporated the names of professional athletes to the…

• Lasco Foods v. Hall and Shaw: Can an Employee Be Liable Under Federal Wiretap Laws for Accessing an Email on a Company Laptop for Purposes Adverse to the Company?

  Judge Jean Hamilton's recent order in Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing & Consulting, LLC, E.D. Missouri (October 26, 2009) held that an ex-employee who accesses information on a company-issued laptop for…

• Update on CFAA Circuit Split: District Courts in 8th Circuit Adopt Minority View, Permitting Claims Where Defendant Exceeds His Authority to Access Computer

  We have been watching closely the development of a Circuit split over whether Computer Fraud and Abuse Act (CFAA) - 18 U.S.C. § 1030 -- claims can be brought against persons who have been given…

• Brodsky v. Match.com: Court Upholds Forum Selection Clause Contained in Click-Wrap Agreement

  Digital media law update: A judge in the Southern District of New York has upheld a clause contained in a click-wrap user agreement that required any suit regarding use of the Match.com site to be…

• Doe v. Young: Can a Physician Be Liable for Invasion of Privacy for Disclosing Anonymized Photos of a Plaintiff's Torso to a Reporter?

  Digital media law update: Can a physician be held liable for disclosing "before and after" photographs of one of his patients to a third party, if the photos don't show her face or state her…

• The Tagged.com Spam Cases: New York and Texas Attorney General Actions Show the Effectiveness of States' Retained Powers to Regulate Spam

  The enactment of the Federal CAN-SPAM Act preempted many State laws that attempted to prohibit marketers from sending mass commercial emails. However, CAN-SPAM did leave one key area of enforcement open to the states. The…

• In re. Ameritrade Accountholder Litigation: Court Rejects Class Settlement He Viewed as Providing Members of Plaintiff Class with No Real Benefits

  On October 23, 2009, Judge Vaughn Walker did something that doesn't happen very often. He rejected final approval of a class action settlement that was opposed by less than .001% of the members of the…

• U.S. v. Kilbride: 9th Circuit's Holding that Internet Obscenity Laws Should Be Governed by a National Standard Rests on Shaky Grounds

  Digital media law: The 9th Circuit has done it again. In its ruling last week in U.S. v. Kilbride, the 9th Circuit announced that "a national community standard must be applied in regulating obscene speech…

• Do I Need a Privacy Policy?: When Websites Are Required to Post Privacy Policies

  Digital media law update: I recently attended a panel discussion on digital media law, and was surprised when the panel members were unable to cite to statutes or other authority requiring the posting of privacy…