Balough
June 7, 2018
(June 7, 2018) On the internet, does discrimination happen when a user encounters discriminatory language in the terms of service and does not click to agree to the terms, or does it happen only after the user agrees to the discriminatory policies and is injured by the website’s policy? The Ninth Circuit, when confronted with […]
Balough
March 16, 2018
(March 16. 2018) A website that allows anyone to post videos and images, includes in its terms of use a prohibition against posting copyrighted material, and upon notice promptly takes down infringing materials is protected from copyright infringement liability under the Digital Millennium Copyright Act (“DMCA”). Ventura Content, Ltd., which creates and distributes pornographic movies, […]
Balough
January 9, 2018
(January 9, 2018) Using automated tools to download data from a website contrary to the site’s terms of use does not violate state computer abuse laws if the downloading of the data is otherwise permitted, the Ninth Circuit found. The appellate court reversed a jury’s finding that Oracle USA, Inc. was entitled to $14.4 million […]
Balough
May 23, 2014
A pamphlet with guidelines for privacy and do not track policies for websites and mobile apps is available from the California Attorney General (AG). While the guidelines focus on California law, it is helpful for websites based outside of California that collect personal data of California residents. In the past, California has been at the […]
Balough
April 25, 2014
It may not be easy to change a website’s privacy policy, especially as part of an acquisition. WhatsApp., Inc., an instant messaging service that is being acquired by Facebook, Inc., makes representations in its current privacy policy that it does not collect names, email addresses, or location data and that is does not archive messages. […]
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 […]
Balough
December 22, 2013
Mobile app developers are increasingly disclosing their privacy policies regarding the collection of personal information, a new study by the Future of Privacy Forum (FPF) shows. “This study concludes that app developers have begun to heed the call for privacy policies,” the FPF stated. In the June 2012 FPF Mobile Apps Study, the FPF found that […]
Balough
December 15, 2013
An Ohio state judge and her daughter have sued various entities for breach of contract for revealing confidential registration information provided when an account was set up on Cleveland.com to comment on legal issues. Cuyahoga Court of Common Pleas Judge Shirley Strickland Saffold alleges in her complaint that the Cleveland Plain-Dealer and Cleveland.com violated the […]
Balough
December 13, 2013
The popular social networking website xanga.com has agreed to pay $1 million in civil penalties for violating the Children’s Online Privacy Protection Act (COPPA). Xanga.com agreed to settle a complaint by the Federal Trade Commission that alleged over the past five years the website allowed 1.7 million xanga.com accounts to be opened by children under […]
Balough
December 12, 2013
Blizzard Entertainment has frozen bnetd.org out of the Internet game war. The Eighth Circuit has affirmed a trial court decision that several programmers and the hosting site Internet Gateway violated both the terms of use agreement and the Digital Millennium Copyright Act (DMCA)’s anti-trafficking provisions. Blizzard Entertainment owns the copyright for several games including “StarCraft,” […]
