News & Analysis as of

Privacy Policy Computer Fraud and Abuse Act (CFAA)

McDermott Will & Emery

Relief for White Hat Hackers and Web Scrapers?

McDermott Will & Emery on

In an effort to “promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in...more

Proskauer - New Media & Technology

Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information

Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. (“Envestnet”), which operates Yodlee, Inc. (“Yodlee”). (Wesch v. Yodlee Inc., No....more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

Sunstein LLP on

Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Manatt, Phelps & Phillips, LLP

Court Holds Delta’s Privacy Policy Isn’t a Contract

Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a...more

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

Kelley Drye & Warren LLP

Revival of Cookie Litigation Highlights Risks Associated with Mobile Tracking Technologies

Kelley Drye & Warren LLP on

On November 10, 2015, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet...more

Kelley Drye & Warren LLP

Cookies, Promises, and California: Why the 3rd Circuit Revived Privacy Claims Against Google

Kelley Drye & Warren LLP on

Last week, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet Explorer and...more

FordHarrison

Data privacy in the Americas - At a glance

FordHarrison on

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

BakerHostetler

Privacy Class Action – Theories of Liability – 2013 Year in Review

BakerHostetler on

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy Update - January 2013

In This Update: - Video Privacy Protection Act Amended to Allow Sharing of Online Viewing Histories Through Social Media Platforms - New State Laws Prohibit Employers From Requesting Social Media Passwords From...more

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