We have written before about the issues presented by the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”). BIPA is still the only state biometric privacy statute with a private right of action. It...more
Today, the President signed H.R. 1865, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (commonly known as “FOSTA”). The law is intended to limit the immunity provided under Section 230 of the...more
This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site...more
4/6/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Extraterritoriality Rules ,
Facebook ,
Facial Recognition Technology ,
Motion to Dismiss ,
Photographs ,
Standing ,
Summary Judgment
In this long-running dispute that has been previously dubbed “The World Series of IP cases” by the presiding judge, Oracle America Inc. (“Oracle”) accuses Google Inc. (“Google”) of unauthorized use of some of its Java-related...more
3/30/2018
/ Android ,
Copyright ,
Copyright Infringement ,
Fair Use ,
Google ,
Intellectual Property Protection ,
IP License ,
Java ,
Oracle ,
Oracle v Google ,
Software Developers ,
Technology Sector
In the flurry of deal-making that resulted in a 2,232-page funding bill released Wednesday, lawmakers negotiated the inclusion of “The Clarifying Lawful Overseas Use of Data Act” (often referred to as the “CLOUD Act”) (see...more
While there has been a great deal of attention being paid lately to the use of blockchain for the issuance and investment (or speculation) in cryptocurrencies, other enterprise-based applications of blockchain continue to be...more
This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”),...more
3/5/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Motion to Dismiss ,
Photographs ,
Spokeo v Robins ,
Standing ,
VPPA
A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more
2018 promises great inroads in the realm of “quantum computing.” While conventional computers use binary data or bits (i.e., 0s and 1s) to store and process information (a bit can either store a 0 or 1), a quantum computer...more
In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would...more
Blockchain advocates have been awaiting the final decision by ASX Ltd, the Australian Securities Exchange, as to whether ASX will replace its existing and aged CHESS registry, settlement and clearing system with a...more
A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige...more
Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a...more
Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider. The case is particularly important as it addresses the common practice...more
1/25/2018
/ Breach of Contract ,
Browsewrap Agreement ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Social Media ,
Terms of Use ,
Unauthorized Access ,
Web Scraping ,
Websites
A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more
1/24/2018
/ Canada ,
Craigslist ,
Criminal Investigations ,
Discovery ,
Document Productions ,
E-Commerce ,
Electronically Stored Information ,
EU ,
Extraterritoriality Rules ,
International Litigation ,
Jurisdiction ,
Multinationals ,
Popular
In his recent remarks at the Securities Regulation Institute, SEC Chairman Jay Clayton had some stern words for market professionals, especially lawyers, involved in initial coin offerings (ICOs). He expressed concern that...more
1/23/2018
/ Blockchain ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Institutions ,
Financial Markets ,
Howey ,
Initial Coin Offering (ICOs) ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Unregistered Securities ,
Virtual Currency
In a blog post last month, Google announced that it would extend certain commitments it made to the FTC in 2012 that were set to expire relating to, among other things, the scraping of third-party content for use on certain...more
We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more
As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s...more
As we approach the end of 2017, it is a time to reflect on the dizzying pace of technology evolution this year, and the amazing array of legal issues it presented. Similarly, it is a time to look forward and anticipate what...more
12/21/2017
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Blockchain ,
Communications Decency Act ,
Cybersecurity ,
DMCA ,
Emerging Technology Companies ,
EU ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Popular ,
Technology Sector ,
Uniform Commercial Code (UCC)
After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust. Dozens of suits have been filed in Illinois state court against Illinois-based employers and...more
In a brief, unpublished opinion, the Sixth Circuit affirmed the dismissal of right of publicity and privacy claims against a host of self-publishing platforms and service providers for distributing an erotic (and purported...more
In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s...more
12/7/2017
/ Data Collection ,
ESPN ,
GPS ,
Internet Streaming ,
Mobile Apps ,
Mobile Devices ,
Personally Identifiable Information ,
Roku ,
Spokeo ,
Unique Device Identifiers ,
VPPA
With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo...more
Following the reasoning of several past decisions, a California district court dismissed claims against Google under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333, for allegedly providing “material support” to ISIS by...more