Proskauer - New Media & Technology

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 Media.net Advertising FZ-LLC v. Netseer…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

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
| Antitrust & Trade Regulation, Business Organizations, Civil Rights, Consumer Protection, Science, Computers, & Technology

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
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

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
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

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). In a…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

European Court Gives Bitcoin a Tax-Free Boost

In an important ruling for digital currency service providers, EU’s top court, the Court of Justice of the European Union (CJEU), ruled that transactions to exchange a traditional currency for bitcoin virtual currency, or vice…more
| Finance & Banking, International Law & Trade, Science, Computers, & Technology, Taxation

Video Privacy Protection Act Narrowed – App’s Transmission of Roku ID Not Disclosure of Personal Information

A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,…more
| Civil Procedure, Civil Remedies, Consumer Protection, Privacy, Science, Computers, & Technology

Important Circuit Court Ruling Limits Scope of VPPA Liability

The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with respect…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Criminal Law

Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Science, Computers, & Technology

Supreme Court Rejects Google’s Appeal in Java API Dispute

On June 29th, the Supreme Court denied certiorari in Google’s appeal of the Federal Circuit’s 2014 ruling that that the declaring code and the structure, sequence, and organization of 37 Java API packages are entitled to…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,…more
| Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

New York Releases Final BitLicense Rules

Readers of this blog will know that we have been following the recent legal developments relating to bitcoin and other virtually currency systems. Yesterday, in a significant development reflecting the general maturation of…more
| Finance & Banking, Science, Computers, & Technology
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