During the 2016 election, certain Russian operatives used fake social media profiles to influence voters and also created bot accounts to add likes to and share posts across the internet. And more recently, in January 2019,...more
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
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
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
This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more
10/16/2017
/ Appeals ,
Computer Fraud and Abuse Act (CFAA) ,
Facebook ,
Former Employee ,
Petition for Writ of Certiorari ,
SCOTUS ,
Social Media ,
Terms of Use ,
Unauthorized Access ,
US v Nosal ,
Web Scraping
This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more
9/28/2017
/ Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Retention ,
Facial Recognition Technology ,
Fingerprints ,
Injunctive Relief ,
Private Right of Action ,
Social Media ,
Written Consent
We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more
3/3/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Google ,
Information Technology ,
Motion to Dismiss ,
Photographs ,
Putative Class Actions ,
Social Media ,
Technology Sector
Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more
9/9/2016
/ Communications Decency Act ,
Corporate Counsel ,
Minors ,
Online Platforms ,
Online Safety for Children ,
Putative Class Actions ,
Snapchat ,
Social Media ,
Social Networks ,
Telecommunications ,
Telecommunications Act ,
Terms of Service ,
Websites
Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and...more
This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more
6/24/2015
/ Biometric Information ,
Clickwrap Agreements ,
Corporate Counsel ,
Facebook ,
Facial Recognition Technology ,
Fair Use ,
Federal Trade Commission (FTC) ,
Informed Consent ,
NTIA ,
Opt-Outs ,
Popular ,
Prior Express Consent ,
Privacy Concerns ,
Privacy Disclosures ,
Privacy Policy ,
Putative Class Actions ,
Self-Regulatory Organizations ,
Social Media ,
Transparency ,
Young Lawyers
The big fight may be over, but the implications of Mayweather vs. Pacquiao with respect to real-time, one-to-many streaming of video through apps like Meerkat and Periscope are still rippling through the media industry. In...more
5/5/2015
/ Copyright ,
DMCA ,
Internet Streaming ,
Live Streaming ,
Mobile Apps ,
Popular ,
Privacy Concerns ,
Smartphones ,
Social Media ,
Social Networks ,
Sports ,
Takedown Notices