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Internet Websites Website Owner Liability

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Guidepost Solutions LLC

FTC Proposes Strengthening Children’s Privacy Rule

On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...more

BakerHostetler

The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device

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For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...more

Wilson Sonsini Goodrich & Rosati

Coalition of States Sues Meta for Alleged Harms to Children and Teens, and Alleged COPPA Violations

On October 24, 2023, a bipartisan coalition of 33 states’ attorneys general filed suit against Meta Platforms, Inc., alleging in a lengthy complaint that Meta’s social media platform features are unsafe and designed to induce...more

Robinson+Cole Data Privacy + Security Insider

UK Law May Create ‘Duty of Care’ for Social Media Companies

The UK is reportedly considering legislation that would impose a ‘duty of care’ on social media companies to regulate harmful content on their platforms. This push for an online safety bill was triggered by the high-profile...more

Hudson Cook, LLP

Why You Need a Website Privacy Policy

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Privacy is a growing area of regulation in the United States, and not just for large institutions like national banks. If you do business in the United States, it is becoming increasingly likely that you are covered by a law...more

Burr & Forman

Children's Online Privacy Protection Rule Q&A

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COPPA, or the Children's Online Privacy Protection Rule, was designed to protect the privacy of children under 13 years of age by giving their parents certain tools to control how the child's information can and cannot be...more

Farella Braun + Martel LLP

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google, a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...more

Jaburg Wilk

Stopping Online Infringement

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Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more

Troutman Pepper Locke

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

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Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Neal, Gerber & Eisenberg LLP

Client Alert: EU Internet Users Must Actively Consent to Use of Cookies

On October 1, 2019, the European Union Court of Justice notably ruled on the type of consent required by a consumer in order to store cookies on their device. The case involved a promotional online lottery organized by...more

Neal, Gerber & Eisenberg LLP

Client Alert: Using Facebook’s “Like” Button Makes Websites Responsible for Data

Website plug-ins such as Facebook’s “Like” button are becoming increasingly common on websites to promote websites’ products and services on social media platforms.  However, a recent ruling by the European Union Court of...more

Morrison & Foerster LLP - Social Media

Legislators Propose Narrowing § 230’s Protections

As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law...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

Ballard Spahr LLP

Communications Decency Act in Flux on the Hill, Remains Solid in Court

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As Congress considers repealing a certain type of statutory immunity for web hosts, a federal appeals court handed Google a victory under the same law. The timing of these events may portend an uncertain future of the...more

Nossaman LLP

Is Your Company Website Sufficiently Accessible to the Disabled?

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ADA Title III Litigation Continues to Increase - Over the last two years, there have been an increasing number of lawsuits filed over the alleged failure of websites to accommodate persons with disabilities. According to a...more

Butler Snow LLP

2017 Year in Review of Internet Companies’ Protection from Liability for Users’ Sexual Trafficking Content: The Courts Gave but...

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At the beginning of this year, internet companies found strengthened protection from liability for users’ sexual trafficking content thanks to the U.S. Supreme Court’s decision not to review a key First Circuit decision...more

Goulston & Storrs PC

Forging a Legal Firewall: Recent Decisions May Shield Retailers from ADA-Based Website Inaccessibility Claims

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In a post published earlier this year, we commented on a surge of lawsuits being filed under Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination in the full and free...more

Nossaman LLP

Did You Know...Federal District Court Dismisses Website Accessibility Claims Because Of Lack Of Due Process

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On March 20, 2017, a federal district judge in the Central District of California issued a big win for businesses dealing with the recent onslaught of website accessibility litigation – claims that a business’s website is not...more

Morrison & Foerster LLP - Social Media

The Decline and Fall of Section 230?

2016 has been a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or Leonard Cohen, feel free to drop us a line). But one possible...more

Ballard Spahr LLP

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

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The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

Morrison & Foerster LLP - Social Media

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

Robinson+Cole Data Privacy + Security Insider

Ashley Madison Fallout: Class Actions, Pentagon investigation and easily searchable data

We previously reported that hackers The Impact Team had posted legitimate detailed information about 36 million adultery website Ashley Madison users. In the wake of the shocking posting of the data last week, two class...more

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