Searching Content indexed under IT and Internet by Proskauer Rose LLP ordered by Published Date Descending.
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Web Scraping Decisions Consider Contract Cause Of Action
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action
United States
18 Jul 2019
The Tor Browser Afforded CDA Immunity For Dark Web Transactions
The District of Utah ruled in late May that Section 230 of the Communications Decency Act, 47 U.S.C. §230 ("CDA") shields The Tor Project, Inc. ("Tor"),
United States
1 Jul 2019
Locksmiths Locked Out: Court Affirms Immunity For Use Of Tools That Portray Third-Party Content Pictorially Or As An Aggregate Metric
In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third party content.
United States
28 Jun 2019
Get All Of Your Bots In A Row: 2018 California Bot Disclosure Law Comes Online Soon
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.
United States
21 Jun 2019
Filtering Actions By Anti-Malware Software Provider Protected By CDA "Good Samaritan" Immunity
Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content
United States
11 Jun 2019
CFAA Claim Dismissed In Scraping Suit, While Contract Claim Survives
This month, an Illinois district court considered another in the series of web scraping disputes that have been working their way through our courts.
United States
14 May 2019
"ADApt Your Website": Key Takeaways From The Domino's Website Litigation
Thus, the Court found a sufficient enough nexus between Domino's website and app and its offered goods and services to determine that the ADA did indeed apply.
United States
12 Apr 2019
"Cyberattack" Campaign That Purportedly Flooded YouTube Channel With "Dislikes" Not A CFAA Violation
In the case, AXTS hired GY6 to create a promotional video featuring AXTS's products on YouTube, with payment calculated based on the number of views.
United States
4 Dec 2018
Biometric Suits Continue, Including Recent Action Against IoT Company
Last December, we noted the continuing robust wave of Illinois biometric privacy suits. At that time, dozens of suits had been filed in Illinois state court against Illinois-based employers...
United States
18 Oct 2018
Court Disqualifies Law Firm In Patent Suit, Finding No Quick Fix For Rule 1.7 Violation
Chief Judge Saris in the District of Massachusetts recently granted a motion to disqualify the Sunstein law firm from representing Altova in a patent suit against Syncro Soft, upon finding that the conflict...
United States
14 Sep 2018
Site Cannot Compel Arbitration Based Upon Later-Amended Terms Without Showing Adequate User Notification Of Change
A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time,
United States
31 Aug 2018
CFAA And Breach Of Contract Claims Dismissed In Website Data Scraping Suit
This past week, an Illinois district court dismissed, with leave to amend, claims relating to a competitor's alleged scraping of sales listings from a company's website for use on its own site.
United States
18 Jul 2018
Court Denies TRO Against Data Scraper That Accessed Private Database Via Registered Accounts
This decision did not analyze these factors beyond concluding that ongoing scraping was unlikely.
United States
21 Jun 2018
Researchers May Challenge The Constitutionality Of The CFAA "Access" Provision As Applied To Web Scraping
The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the applicability of the federal Computer Fraud...
United States
30 Apr 2018
FOSTA Signed Into Law, Amends CDA Section 230 To Allow Enforcement Against Online Providers For Knowingly Facilitating Sex Trafficking
Today, the President signed H.R. 1865, the "Allow States and Victims to Fight Online Sex Trafficking Act of 2017" (commonly known as "FOSTA").
United States
13 Apr 2018
Combating Online Sex Trafficking Around The Globe
Proskauer represents a number of trafficking victims as part of our pro bono program.
United States
6 Apr 2018
Federal Omnibus Spending Bill Includes CLOUD Act – Outlines Obligations Of Providers To Turn Over Electronic Communications Stored Overseas And Procedures To Quash For Comity Purposes
In the flurry of deal-making that resulted in a 2,232-page funding bill released Wednesday, lawmakers negotiated the inclusion of "The Clarifying Lawful Overseas Use of Data Act" ...
United States
23 Mar 2018
New York Court Rebuffs Ninth Circuit's Copyright "Server Test," Finds Embedded Tweet Displaying Copyrighted Image To Be Infringement
A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff's copyrighted photo)...
United States
6 Mar 2018
Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors' Ages Is Unconstitutional!
A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors' ages without their consent.
United States
26 Feb 2018
Data Aggregator Seeks Ruling Allowing It To Scrape Public Linkedin Data
In the latest development in the legal controversy over scraping, 3taps, Inc. ("3taps"), a data aggregator and "exchange platform" for developers, filed suit against LinkedIn ...
United States
21 Feb 2018
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