Jeff Neuburger

Jeff Neuburger

Proskauer Rose LLP

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Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

2/3/2017 - Article III Biometric Information Biometric Information Privacy Act Data Collection Data Retention Dismissals Facial Recognition Technology Software Standing Technology Technology Sector Video Games

Illinois Biometric Privacy Suit over Collection of Fingerprints Settled

Earlier this month, an Illinois state court approved a $1.5 million settlement in a class action against L.A. Tan Enterprises, Inc., operator (directly and through franchisees) of L.A. Tan tanning salons. The settlement...more

12/14/2016 - Biometric Information Biometric Information Privacy Act Class Action Data Collection Data Privacy Fingerprints Franchises Settlement Technology

Copyright Office Establishes New Electronic DMCA Agent Registration

Service Providers Must Re-register Online to Maintain Safe Harbor Protection - A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required...more

12/7/2016 - Copyright Copyright Infringement Copyright Office DMCA Internet Service Providers (ISPs) Music Industry Popular Registration Requirement Safe Harbors Takedown Notices Websites

Claims against Cloud Storage Service Hinge on Grant of Rights Clause

In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright claims against Barnes & Noble (“B&N”) related to ebook samples stored on a...more

11/11/2016 - Authors Barnes and Noble Cloud Storage Copyright Copyright Infringement Copyright Litigation Digital Downloads Digital Media e-Books Intellectual Property Protection Popular Summary Judgment

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing...

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more

10/7/2016 - Computer-Related Inventions Copyright Copyright Infringement Copyright Litigation E-Commerce Intellectual Property Protection Internet Online Platforms Software Patents Technology Technology Sector Vendors Websites

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

9/9/2016 - Communications Decency Act Corporate Counsel Minors Online Platforms Online Safety for Children Putative Class Actions SnapChat Social Media Social Networks Telecommunications Telecommunications Act Terms of Service Websites

Mobile App VPPA Suit Survives Spokeo Standing Challenge

In Yershov v. Gannett Satellite Information Network, Inc., a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the...more

9/8/2016 - Article III Corporate Counsel Data Collection Injury-in-Fact Mobile Apps Motion to Dismiss Personally Identifiable Information Spokeo v Robins Standing Subject Matter Jurisdiction Third-Party VPPA

California Legislature Nearing Final Debate of Biometric and Geolocation Data Security Bill

With the session ending on August 31st, the California legislature is debating a bill (AB 83) that would expand data security requirements for businesses that maintain personal information of California residents to include,...more

8/25/2016 - Biometric Information Data Security Facial Recognition Technology Geolocation Legislative Agendas

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

7/29/2016 - Arbitration Agreements Browsewrap Agreement Class Action Clickwrap Agreements Consumer Contracts Corporate Counsel Motion to Compel TCPA Terms of Use Unenforceable Contract Terms Website Design Websites Young Lawyers

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and...

This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The Act was originally designed to target...more

7/15/2016 - Cease and Desist Computer Fraud and Abuse Act (CFAA) Corporate Counsel Criminal Prosecution Economic Espionage Act Facebook Former Employee Passwords Popular Summary Judgment Terms of Use Trade Secrets Unauthorized Access US v Nosal Web Scraping Young Lawyers

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

7/1/2016 - Cookies COPPA Corporate Counsel Data-Sharing Google Invasion of Privacy IP Addresses Nickelodeon Personally Identifiable Information Third-Party Unique Device Identifiers Viacom VPPA Young Lawyers

NTIA Multistakeholder Process Finalizes General Privacy Guidelines for Commercial Facial Recognition Use

We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition...more

6/24/2016 - Best Practices Biometric Information Biometric Information Privacy Act Consent Data Security Data-Sharing Facebook Facial Recognition Technology Google NTIA Privacy Concerns Shutterfly SnapChat Transparency

Craigslist Files Another Suit against Data Scraper

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from scraping, linking to or accessing user postings for their own commercial purposes. In a prior post, we briefly...more

6/2/2016 - APIs Breach of Contract CAN-SPAM Act Cease and Desist Compensatory Damages Computer Fraud and Abuse Act (CFAA) Content Aggregators Copyright Infringement Craigslist Injunctive Relief Unfair Competition

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and...more

6/1/2016 - Biometric Information Biometric Information Privacy Act Facial Recognition Technology Photographs Proposed Amendments Social Media State Legislatures

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...more

5/11/2016 - Copyright Infringement Copyright Litigation Corporate Counsel DMCA Internet Service Providers (ISPs) Photographs Safe Harbors User Agreements User-Generated Content Website Owner Liability

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more

5/10/2016 - Biometric Information Biometric Information Privacy Act Choice-of-Law Clickwrap Agreements Corporate Counsel Data Collection Enforceability Facebook Facial Recognition Technology Shutterfly Terms of Use

User of Free App May Be “Consumer” under the Video Privacy Protection Act

This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line...more

5/4/2016 - Corporate Counsel Geolocation Mobile Apps Personally Identifiable Information Popular Reversal Subscribers Third-Party Service Provider Video Privacy Video Privacy Protection Act

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

4/4/2016 - Amazon Barnes and Noble Distributors e-Books Intellectual Property Protection Invasion of Privacy Online Platforms Publishers Right of Publicity Right to Privacy Terms and Conditions User Agreements User-Generated Content

Google Is the Latest Online Provider to Face Class Action over Collection of Faceprints

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). ...more

3/18/2016 - Biometric Information Biometric Information Privacy Act Facial Recognition Technology Google Injunctive Relief Photographs Putative Class Actions Shutterfly Written Consent

Website HTML Is Copyrightable, Even If Look and Feel Is Not

In a notable ruling last month, a California district court ruled that the HTML underlying a custom search results page of an online advertising creation platform is copyrightable. In Advertising FZ-LLC v....more

2/8/2016 - Copyright Infringement Copyright Office Copyrightable Subject Matter E-Commerce Intellectual Property Protection Leave to Amend Websites

FTC Releases Big Data Report Outlining Risks, Benefits and Legal Hurdles

The big data revolution is quietly chugging along: devices, sensors, websites and networks are collecting and producing significant amounts of data, the cost of data storage continues to plummet, public and private sector...more

1/16/2016 - Big Data ECOA FCRA FTC FTC Act Section 5 Title VII

FTC Issues Enforcement Policy Statement on Native Advertising in New Media

Digital media marketers are aggressively increasing the use of so-called sponsored content, or native advertising to reach new customers. Particularly with the growing use of ad blockers on web and mobile browsers, marketers...more

1/5/2016 - Digital Media Disclosure Requirements FTC FTC Act Native Advertising Policy Statement Unfair or Deceptive Trade Practices

Photo Storage Service’s Collection of Faceprints May Violate Illinois Biometric Privacy Statute

As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). The photo storage...more

1/5/2016 - Biometric Information Privacy Act Consent Databases Facebook Facial Recognition Technology Personal Jurisdiction Putative Class Actions Shutterfly

Facebook Seeks Dismissal in Illinois Facial Recognition Biometric Privacy Suit

As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). ...more

11/25/2015 - Biometric Information Privacy Act Facebook Facial Recognition Technology Motion to Dismiss Photographs Popular

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