Balough
December 23, 2013
In a win for privacy rights and a setback for Google, the Ninth Circuit agreed that unencrypted Wi-Fi is protected from outside snooping under the federal Wiretap Act. When Google sent vehicles out to take pictures for its Street View search feature, the vehicles not only captured the street images but also captured data from […]
Balough
December 23, 2013
A publicly accessible website may selectively block users from using the website, and attempts by a blocked user to access the site may be a violation of the Computer Fraud and Abuse Act (CFAA). A federal district court ruled that Craigslist, Inc. had the right to block 3taps, Inc. from accessing the advertising site. Craigslist […]
Balough
December 23, 2013
Banning two middle-school students from wearing bracelets with the slogan “I ♥ boobies! (KEEP A BREAST)” in school violates the students’ right to free speech, a divided en banc panel of the Third Circuit found. The bracelets are part of a nationally recognized breast-cancer-awareness campaign sponsored by the Keep A Breast Foundation. The bracelets were […]
Balough
December 23, 2013
The U.S. government can get historical cell phone records, including geolocational information, from cell phone providers without a warrant, the Fifth District Court of Appeals ruled. The appellate court reversed the trial court, which found that, under the Stored Communications Act (SCA), the government had to seek a warrant and show probable cause before the […]
Balough
December 23, 2013
Fox Broadcasting Company can’t maintain a copyright action against Dish Network’s product that enables Dish customers to skip over commercials because Fox doesn’t own the copyright to the commercials, an appellate court found in affirming a trial court ruling. In addition, the appellate court said, while it is a “much closer” question, the trial court […]
Balough
December 23, 2013
Being employed for less than two years is not sufficient consideration for enforcing a non-compete agreement in Illinois, a state appellate court ruled. The issue arose when an employee quit his job after three months. His employment contract included a non-compete agreement restricting his employment for two years after he terminated his employment for any […]
Balough
December 23, 2013
A Chicago television reporter was not defamed when a rival station aired a segment showing the reporter in a halter-top bathing suit at the home of the husband of a missing woman in a highly publicized investigation. A Cook County judge found that the reporter, Amy Jacobson, was a public figure for all purposes because, […]
Balough
December 23, 2013
Placing a global positioning system (GPS) tracking device on a state employee’s personal car as part of an investigation does not require a warrant, but using the GPS to track the employee 24 hours a day for a month was unreasonable, a New York appeals court majority found. A concurring opinion would have required a […]
Balough
December 23, 2013
A federal judge has referred a band of copyright troll attorneys to their respective state and federal bars for their “moral turpitude unbecoming of an officer of the court.” The judge also referred the attorneys to the U.S. Attorney’s office in California and the Internal Revenue Service for their scheme that “outmaneuvered the legal system” […]
Balough
December 23, 2013
A 92-question and answer guide is available from the Federal Trade Commission (FTC) to help businesses and parents understand the new rule for the Children’s Online Privacy Protection Act (COPPA), which go into effect July 1, 2013. The rule, adopted in December 2012, expands the types of information about children under 13 that require parental […]
