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Internet Corporate Counsel

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more

Wilson Sonsini Goodrich & Rosati

Flagship Online Safety Bill Moves Closer to Enactment in the UK: Who Will Be in Scope and What Will It Require?

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK....more

Goodwin

California Invasion of Privacy Act (CIPA) Decisions Continue to Create Uncertainty for Websites Using Third-Party Technology

Goodwin on

The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more

Wiley Rein LLP

Ninth Circuit Recognizes ‘Catch All’ Jurisdiction Over Foreign-Based Internet IP Infringers

Wiley Rein LLP on

In a decision that continues a trend of courts recognizing expansive jurisdiction over persons and entities engaging in intellectual property infringement through the internet, the U.S. Court of Appeals for the Ninth Circuit...more

Weintraub Tobin

Is The Server Test Ready for a Reboot?

Weintraub Tobin on

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

Perkins Coie

Enforcement Trends From China’s Cyberspace Regulator in 2022

Perkins Coie on

China’s internet watchdog, the Cyberspace Administration of China (CAC), has continued to tighten its regulation of internet industries and driven the formulation of many new laws and regulations in cybersecurity and data...more

Fitch, Even, Tabin & Flannery LLP

Recent Federal Circuit Decisions Find Many Internet Documents Are “Printed Publications”

The Federal Circuit has recently provided substantial guidance on whether printed publications include documents publicly available via the internet. This article reviews four such cases that illustrate the expansive view...more

Mintz - ML Strategies

Major Update in Data Privacy Laws Proposed in Massachusetts

Mintz - ML Strategies on

On February 2, 2022, the Massachusetts Legislature’s Joint Committee on Advanced Information Technology, the Internet and Cybersecurity released a new draft of a bill designed to provide mechanisms for how personal...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Ruling Highlights a Petitioner’s Burden for Qualifying an Internet Screenshot as a “Printed Publication”

In a recent decision issued in Louisiana-Pacific Corp. v. Huber Engineered Woods LLC, the Patent Trial and Appeal Board addressed the showing that a petitioner for inter partes review must make to demonstrate that an asserted...more

Hogan Lovells

CJEU: Consent on the Internet Means ‘Opt-In’

Hogan Lovells on

On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17....more

Morrison & Foerster LLP - Social Media

CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms

A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims. ...more

Morrison & Foerster LLP - Social Media

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us...more

Foley Hoag LLP - Making Your Mark

EU Parliament Approves New Copyright Rules for the Internet

We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted the Directive with 348 votes...more

Jones Day

Jones Day Presents: What General Counsel Need to Know about Blockchain

Jones Day on

In the next in a continuing series of blockchain videos, partner Harriet Territt describes the issues that general counsel should consider regarding blockchain, including how it will be deployed in a particular business,...more

Morgan Lewis

Mine, Yours, and Ours: Gating Issues in the Use and Commercialization of Data

Morgan Lewis on

Many companies are actively exploring how to better use, commercialize, and productize (make into a standalone product) the data that they collect or is collected on their behalf. A gating issue for these companies is...more

Seyfarth Shaw LLP

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

Seyfarth Shaw LLP on

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms that a Cy Pres Only Settlement Can Work In Privacy Class Action

The internet continues to expand into every aspect of our lives. With it, many companies have collected, tracked, and used an enormous amount of data. All of this has given rise to class action lawsuits challenging the...more

Sherman & Howard L.L.C.

♫Let It Go, Let it Go♫

When most people think of employment law problems arising from the use of social media, they envision irresponsible employees taking to the internet to rant about their employer. However, a recent case out of Oregon shows...more

Dechert LLP

China’s Cyberspace Administration announces first state level investigations under Cybersecurity Law

Dechert LLP on

China’s Cyberspace Administration announced that it has commenced investigations into Tencent Wechat, Sina Weibo and Baidu Tieba for violation of China’s Cybersecurity Law late last week (11 August 2017). More particularly,...more

Hogan Lovells

French Supreme Court: Internet intermediaries must pay for blocking measures against illegal streaming websites

Hogan Lovells on

On 6 July 2017, the French Supreme Court (Cour de cassation) confirmed a decision of the Paris court of appeal dated 15 March 2016 (RG No. 040/2016) which held that Internet intermediaries must bear the costs for implementing...more

Jones Day

China's New Cybersecurity Law and Draft Data Localization Measures Expected to Burden Multinational Companies

Jones Day on

China's new Cybersecurity Law ("new Law") is set to come into effect on June 1, 2017, and introduces sweeping provisions that may have a significant impact on companies doing business in and with China. To provide guidance on...more

Hogan Lovells

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

Hogan Lovells on

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with...more

Fenwick & West LLP

Can Internet Comments and Search Results Prove Trademark Infringement?

Fenwick & West LLP on

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Dorsey & Whitney LLP

Federal Court Travels “Wayback” and Takes Judicial Notice of Internet Archive

Dorsey & Whitney LLP on

Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when considering whether to take legal action against a third party for the unauthorized...more

Morrison & Foerster LLP - Social Media

Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible

Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one...more

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