Duane Morris – Page 13 – Duane Morris TechLaw

January 18, 2017January 18, 2017 by Duane Morris

Supreme Court Will Not Consider Backpage.com CDA Section 230 Case

Section 230 of the Communications Decency Act (CDA) generally grants broad immunity to Internet Service Providers (ISPs) with respect to third-party content posted on the ISP sites. The legislative history behind CDA Section 230 makes plain that Congress intended for the Internet to flourish for businesses and the US economy, and that intent would be thwarted if ISPs had the onerous duty to police and somehow regulate information and communications posted on their sites by others the ISPs do not control.

Nevertheless, there have been efforts in legal cases to chip away at the broad immunity afforded to ISPs by CDA Section 230. One such effort is the recent legal case Jane Doe No. 1 v. Backpage.com, LLC. Continue reading “Supreme Court Will Not Consider Backpage.com CDA Section 230 Case”

August 4, 2016August 4, 2016 by Duane Morris

Seller Beware: Recent Lawsuits Under N.J. Truth-in-Consumer Contract, Warranty and Notice Act Target E-Commerce Businesses

Online retailers across the United States have one more issue to consider as they prepare for the next sale: a growing number of lawsuits under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) alleging that standard online terms of service agreements on websites violate the New Jersey bar on deceptive notices.

The TCCWNA—N.J.S.A. 56:12-14 et. seq.—was enacted in 1981 to prohibit businesses from using provisions that deceived consumers about their legal rights. The statute provides a private right of action that allows both actual customers and prospective buyers to bring suit against businesses. Businesses that violate the TCCWNA are liable to aggrieved consumers for $100, actual damages, or both, as well as reasonable attorneys’ fees and court costs.

To read the full text of the Alert, please visit www.duanemorris.com.

February 17, 2016 by Duane Morris

Facebook Potentially Liable in French Nude Painting Case

An appellate court in Paris has ruled recently that Facebook can be sued in France and a case thus can proceed against the social media giant in France with respect to Facebook’s decision to remove the account of a user in France who posted a well-known 19th century nude painting, according to Reuters.

This legal decision could be of concern to Facebook, as it has more than 30 million users in France, and because the French appellate court rejected the clause contained in Facebook’s terms and conditions, that requires worldwide lawsuits to be heard in Santa Clara, California, as “unfair.” Facebook still has the option to seek review by the highest appellate court in France.

Continue reading “Facebook Potentially Liable in French Nude Painting Case”

January 20, 2016June 20, 2016 by Duane Morris

Russia’s data localization law – a violation of WTO regulations?

Just over a year ago, on December 31, 2014, Russian President Vladimir Putin signed into law new personal data localization requirements, mandating that data operators collecting personal data about Russian citizens “record, systematize, accumulate, store, amend, update and retrieve” data using databases physically located in Russia. Among other things, passage of the new law generated immediate concerns regarding its scope, implementation, and implications. On August 3, 2015, less than a month before the new law was to take effect, the Russian Ministry of Communications and Mass Media published official “guidelines”, largely in the form of FAQs, in an attempt to “clarify” the law and address some of the questions and concerns it generated. http://www.minsvyaz.ru/ru/personaldata/ (in Russian). Nevertheless, one question that has remained unanswered since the law has gone into effect (September 1, 2015) is whether the law introduces trade restrictions that violate World Trade Organization regulations. Russia has been a WTO member since August 2012. Continue reading “Russia’s data localization law – a violation of WTO regulations?”

August 18, 2015 by Duane Morris

Student’s Internship Canceled After Exposing Facebook Privacy Issue

Many college students likely would covet an internship at Facebook. One Harvard University student landed such an internship. However, he says that the internship offer to him was rescinded by Facebook because he reportedly exposed privacy flaws in Facebook’s mobile messenger. Is that correct or not, and what lesson has been learned?

Harvard student, Aran Khanna, launched a browser application from his dorm room. The app revealed that Facebook Messenger users were able to precisely pinpoint the geographic locations of people with whom they were communicating, as reported by The Guardian. Continue reading “Student’s Internship Canceled After Exposing Facebook Privacy Issue”

May 1, 2015 by Duane Morris

Duane Morris Cybersecurity Lawyer Joseph Burton Receives National Legal Writing Award

Duane Morris is pleased to announce that Joseph M. Burton of the firm’s San Francisco office will receive a Burton Award for Legal Achievement at a gala ceremony to be held June 15, 2015, at the Library of Congress in Washington, D.C. This honor is given to only 35 authors selected from entries from the nation’s top 1,000 most prestigious and largest law firms. Continue reading “Duane Morris Cybersecurity Lawyer Joseph Burton Receives National Legal Writing Award”

May 31, 2013May 20, 2016 by Duane Morris

Duane Morris Partner Eric Sinrod to Moderate Panel on “Data Portability”

Duane Morris partner Eric Sinrod will moderate a panel on “Data Portability” at the 10th Annual Standford E-Commerce Best Practices Conference on Friday, June 28, 2013, at Stanford Law School.

The Stanford E-Commerce Best Practices Conference is the premier educational event for in-house counsel and practitioners in the e-commerce industry. Leading insiders from industry, legal practice and academia will address current issues facing the industry and offer practical solutions for dealing with the many legal uncertainties that arise when doing business online. The program will feature a roundtable of general counsel from leading e-commerce companies and will provide perspectives on a wide-range of current topics.

Click here to learn more.

May 3, 2013September 16, 2014 by Duane Morris

A New Legal Perspective on ACH Fraud

A Missouri court recently handed down a judgement in an ACH/wire fraud dispute between Choice Escrow and BancorpSouth, and in a change from rulings in similar cases, this judgment favored the bank. The judge’s findings may well impact how other cases are decided in the future.

Partner Joseph Burton comments in Bank Info Security on the case and what the decision may mean going forward. Click here to read the article and listen to the interview.

March 11, 2013September 16, 2014 by Duane Morris

Your Life in Photos: Privacy and a New Kind of Camera

What if you could capture your entire life in photos? The New York Times reported that a Swedish company Memoto has developed a wearable camera that accomplishes just that. http://bits.blogs.nytimes.com/2013/03/08/meet-memoto-the-lifelogging-camera/. This application goes way beyond Instagram.

Memoto’s website says: “The Memoto camera is a tiny camera and GPS that you clip on and wear. It’s an entirely new kind of digital camera with no controls. Instead, it automatically takes photos as you go. The Memoto app then seamlessly and effortlessly organizes them for you.”

Read more about the pros and cons of this new device at the New Media and Entertainment Law Blog.

February 26, 2013September 12, 2014 by Duane Morris

A Copyright Alert about a Copyright Alert: Internet Service Providers Undertake a New Program

It’s good to be an Internet Service Provider. While content owners worry about piracy and erosion of copyright, and thus revenue, ISP’s (the companies that provide us with Internet access) do not have substantial copyright worries. They are considered, in effect, common carriers and as a result are generally no more liable for copyright infringement by its customers than the telephone company would be liable if you slander someone during a phone call. The concern is the copyright misbehavior of ISP customers, namely people like us.

Click here to read Mark Fischer’s blog entry on ISP’s and copyright issues.