Data Mining

News & Analysis as of

Don’t be a Jerk

Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people, where they could not be...more

EU High Court Strikes Down Data Retention Law

On April 8, 2014, the highest court in the European Union invalidated an EU law that required telephone and electronic communications providers to retain user data for up to two years....more

Social Networking for Jerks: FTC Goes After Site for Scraping Facebook Content

In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I'm somebody now! Millions of people look at this book every day! This is the kind of...more

Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?

LinkedIn has filed a suit against John Does in response to a spate of “data scraping” perpetrated by unknown individuals, in violation of the website’s terms and conditions.This is the latest federal case in the Northern...more

Google Case Provides Spoliation Exception to Living Document Safeguard

Google has come under scrutiny in the last few years over collecting information from users’ email accounts to provide targeted advertising for its paid clients. ...more

"The SEC’s Renewed Scrutiny on Accounting Cases: Expected Focus Areas and How Companies Can Prepare"

The U.S. Securities and Exchange Commission (SEC or Commission) has announced plans to reinvigorate its enforcement efforts with respect to accounting issues. These plans include adding dedicated personnel and using data...more

"Privacy Driven": Supreme Court Limits Use of Driver Data for Client Solicitation by Attorneys

Does the Driver’s Privacy Protection Act, 18 U.S.C. §§ 2721-2725, allow lawyers to mine databases maintained by state departments of motor vehicles (DMVs) for the purpose of gathering plaintiffs for an emerging lawsuit? Is an...more

Zip Code Cases Alive and Well – Bed Bath & Beyond and Guitar Center Hit with Putative Class Actions

In March, we blogged about Tyler v. Michaels Stores, a recent Massachusetts Supreme Court ruling, holding that zip codes are personally identifiable information and disavowing data mining by zip code....more

State Medicaid Fraud Control Units' Data Mining Likely to Increase Through Federal Funding

On May 17, 2013, the Office of Inspector General, U.S. Department of Health and Human Services (OIG), announced a final regulation that would permit, effective June 17, 2013, state Medicaid fraud control units (MFCU) to use...more

Is Data Mining Coming to a State Medicaid Fraud Control Unit Near You?

Starting June 17, state Medicaid Fraud Control Units (MFCUs) can use federal funding to pay for data mining, according to a final rule published by the Department of Health and Human Services Office of Inspector General in...more

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