Balough
December 22, 2013
Mobile apps should disclose in easy-to-understand language what data they collect and how the data is used, and they should consider a do-not-track mechanism, the Federal Trade Commission (FTC) recommended in a staff report adopted by the FTC. The report, “Mobile Privacy Disclosures Building Trust Through Transparency,” noted that “mobile technology presents unique privacy challenges. First, more […]
Balough
December 22, 2013
An Indiana statute prohibiting most registered sex offenders from using social networking websites is unconstitutional because it is an overly broad infringement of First Amendment rights. The Indiana law prohibited certain sex offenders from using a “social networking web site” or “an instant messaging or chat room program” that “the offender knows allows a person […]
Balough
December 22, 2013
A third party may not use images posted on Twitter’s TwitPic for commercial purposes without the poster’s permission, a federal district court ruled. On January 12, 2010, following the devastating earthquake in Haiti, Agence France Presse (AFP) sought pictures from Haiti by searching TwitPic. Several of the images AFP found and forwarded to its clients, […]
Balough
December 22, 2013
Cases involving alleged false advertising in cyberspace increased significantly in number in the past year, but success has been limited according to a legal survey article by Cheryl Dancey Balough. The article noted that “courts have recently found in favor of companies complaining of false advertising when a competitor’s website contains false or misleading statements. […]
Balough
December 22, 2013
Requiring a high school student to carry an identification card with an RFID chip does not violate the student’s First Amendment religious and free speech rights. The Northside Independent School District in San Antonio started a pilot program at two schools that requires students to carry an identification badge. The badge displays the student’s name […]
Balough
December 22, 2013
A video clip from a policeman’s deposition may remain on YouTube because the city failed to justify why it should be taken down. The City of Collinsville, Illinois, sought a protective order to remove the video clip, which shows a portion of one of its policemen’s video deposition. The City argued that the video was […]
Balough
December 22, 2013
Websites will no longer be able to collect geolocation information or display photos or videos of children under 13 without parental consent under new rules adopted by the Federal Trade Commission (FTC). The new rules amended the original rules adopted in 2000, which implemented the Children’s Online Privacy Protection Act (COPPA). The amendments expand the […]
Balough
December 22, 2013
A statute that prohibits a person amplifying sound that could be heard more than 25 feet from a vehicle while at the same time allowing such amplification for business or political purposes is an unconstitutional restraint on the freedom of expression and thus invalid. The Florida Supreme Court found the statute was an “unreasonable restriction […]
Balough
December 22, 2013
The marital communications privilege does not cover emails sent by a husband to his wife using his workplace computer. A federal appeals court affirmed the conviction of a former member of the Virginia House of Delegates for bribery and extortion for securing state funding for Old Dominion University in exchange for employment by the university. […]
Balough
December 22, 2013
Mobile apps for children continue to leave parents in the dark as to what information is being collected and what is being done with that information, according to a new study by the Federal Trade Commission (FTC). The study, “Mobile Apps for Kids Disclosures Still Not Making the Grade,” is a follow-up to a February […]