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Category Archives: Privacy

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PTAB Invalidates Data Privacy Risk Assessment Patent

Posted in IP, Patent Law, Privacy

Many resources are being devoted to preventing data breaches and protecting privacy.  In fact, patents have issued on various approaches.  But are those approaches really patentable?   In a recent challenge to OneTrust’s patent, which is related to data privacy risk, the Patent Trial and Appeal Board (“PTAB”) found the subject matter patent ineligible. OneTrust’s patent,… Continue Reading

Compliance Deadline for California’s New Privacy Act Coming Up Fast; Are You Ready?

Posted in Cyberspace Law, IP, Privacy, Web/Tech

The deadline for business to implement compliance with the California Consumer Privacy Act is just around the corner and chances are most businesses are not ready. On June 28, 2018, Governor Brown signed into law the California Consumer Privacy Act of 2018.  The Act applies to any business which does business in California, and i)… Continue Reading

LinkedIn Profiles and the Applicability of the Computer Fraud and Abuse Act

Posted in Cyberspace Law, IP, Privacy, Web/Tech

LinkedIn is a popular professional networking website with more than half a billion members. Many of its users, in an effort to enhance their networking capabilities, make their profile public and available to anyone to review their personal details such as their employment, education, skill sets and other personal information. Although LinkedIn disclaims any ownership… Continue Reading

The DMCA’s Safe Harbor Provision and Policing Repeat Infringers

Posted in Copyright Law, IP Law Blog Lawyers In The News, Privacy

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March 14, 2018).  The issue before the Court was whether the defendants had presented undisputed evidence that they fell within the… Continue Reading

Apple Argues It Should Not Be Compelled to Write Software for the F.B.I.

Posted in Privacy

On February 16, 2016, Magistrate Judge Sheri Pym in the United States District Court for the Central District of California issued an order compelling Apple, Inc. to provide technical assistance to the F.B.I. so it can access an iPhone 5C that belonged to a shooter in the recent San Bernardino, California attack. The order, which… Continue Reading

Move Over Vanna White, Here Comes Marion Barry’s Kidney

Posted in Privacy

In 2008, former Mayor of Washington, D.C., and then council member Marion Barry became ill with a kidney disease. To survive the illness, Mr. Barry required a kidney transplant, and one of his friends, Ms. Kim Dickens, came to his aid and donated one of her kidneys. Although the transplant helped Mr. Barry survive for… Continue Reading

California Passes New Privacy Law That May Require Revisions to Most Online Privacy Policies.

Posted in Privacy, Web/Tech

 By: Scott Hervey Once again, California leads the nation in passing online privacy consumer protection legislation. On September 30, 2013 Governor Jerry Brown signed into law A.B 370 which adds new provisions to California’s existing Online Privacy Protection Act (Business and Professions Code Section 22575).  These new provisions require the operators of websites, online services and  mobile… Continue Reading


Posted in Privacy, Trademark Law

  By Dale C. Campbell On July 31, 2012, the Ninth Circuit issued its ruling protecting the right of privacy held by collegiate athletes against the use of their likeness in connection with video games. (Keller v. Electronic Arts, Inc. (2013) 9th Circuit Court of Appeals 10-15387. This decision joins the Third Circuit’s decision in Ryan Hart… Continue Reading

Don’t Blog on Me

Posted in Cyberspace Law, Privacy

By: Nathan Geronimo A few months ago I wrote about the dangers of posting information online that contradicted your own contentions when involved in litigation.  I cited to cases where posts on social networking sites were used as evidence against plaintiffs in civil cases.  A recent case involving blogs and social networking sites illustrates yet another… Continue Reading

Social Networking Websites – Just How Private Are they?

Posted in Privacy

By: Audrey Millemann and Etan Zaitsu The federal Stored Communications Act (SCA) of 1986 was established in an attempt to give Fourth Amendment-type privacy protections to people for their Internet communications. In other words, Congress sought to protect people’s Internet privacy from warrantless intrusion.

Anonymous Online Video and Blog Posters Beware

Posted in Privacy

By: Jeffrey Pietsch and Etan Zaitsu, second year law student at McGeorge School of Law Thinking of running a smear campaign against a business competitor? Thinking of posting disparaging content about someone anonymously online? Think again. According to a decision made by the Ninth Circuit on July 12, 2010, anonymous online postings may not qualify… Continue Reading

The First Circuit Takes a Novel View of the Attorney Work Product Privilege

Posted in Privacy

by Dale C. Campbell, David Muradyan* and Sara Davidson* Is the work product of an attorney always protected? No, according to the First Circuit in a decision which may draw the attention of the U. S. Supreme Court. The First Circuit, sitting en banc (the “Court”) ruled that the attorney work product doctrine did not protect tax… Continue Reading

Ninth Circuit Ruling on Texting Provides Guidelines For The Marketing Industry

Posted in Entertainment Law, Privacy

by Scott Hervey A ruling earlier this month by the Ninth Circuit provided three guidelines all marketing experts and their counsel should take note of.   These guidelines address the extent to which the Telephone Consumer Protection Act (“TCPA”) (and most likely other Federal regulations on telemarketing) impacts texting as part of a marketing campaign.  In… Continue Reading

California Supreme Court Affirms Broad Immunity for Defamatory Republication on the Internet

Posted in Cyberspace Law, Privacy

By Dale Campbell When can you knowingly republish defamatory statements without risk of liability? When you do so on the Internet.  The California Supreme Court, in Barrett v. Rosenthal (November 2006) 40 Cal.App.4th 33, followed the line of federal cases interpreting the Communications Decency Act of 1996 (CDA) to find broad immunity for both Internet service providers… Continue Reading

Employers: You May Be Eligible for Immunity Under the Communications Decency Act

Posted in Cyberspace Law, Privacy, Web/Tech

By James Kachmar           A California appellate court affirmed last month that an employer is entitled to immunity from tort liability for threatening emails sent on or through the employer’s internet/email system by one of its employees. On December 14, 2006, the Sixth Appellate District in the case Delfino v. Agilent Technologies, Inc., 2006 WL3635399, affirmed… Continue Reading

Your Cell Phone Is A Homing Beacon -Should The Government Be Allowed To Use It Without Showing Probable Cause?

Posted in Privacy

By Scott Cameron Here’s the next step Big Brother is taking toward an Orwellian 1984: Your cellular telephone can pinpoint your location any time it’s turned on. That’s right. Any time your cell phone is turned on and within range of a cellular tower, it is communicating with that tower to broadcast your location. It… Continue Reading

Business Data Management Practices – Fertile Ground For Liability

Posted in Privacy

By Scott Hervey Businesses own and acquire vast amounts of valuable consumer data; they stockpile this information on networked servers and exchange it with affiliates or third parties subscribers.#160 Recently, national and state regulators have focused on how businesses manage this data.#160 In the wake of the large scale identity thefts from ChoicePoint, Inc. and… Continue Reading