Samuel Edwards

Samuel Edwards

Associate

Samuel Edwards is an associate in Covington’s San Francisco office.

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Ninth Circuit Upholds CDA Immunity Against Plaintiff’s Attempt to “Push[] the Envelope of Creative Pleading”

On Monday, a panel of the Ninth Circuit unanimously ruled that Section 230 of the Communications Decency Act (“CDA”) protected Yelp from liability relating to an allegedly defamatory user-generated review.  In doing so, the Court rejected several attempts by the Plaintiff to plead around the CDA’s broad immunity provisions by accusing Yelp of playing a … Continue Reading

Sixth Circuit Allows Lawsuit to Proceed Against Electronic Monitoring Software Company

In a 2-1 decision on August 16, the Sixth Circuit refused to dismiss a claim against the maker of an online surveillance tool for wiretapping under both federal and state laws, and for intrusion against seclusion.  While the breadth of this holding is unclear, and the case may be an outlier, the Sixth Circuit’s reasoning … Continue Reading

House Unanimously Passes Email Privacy Act

On April 27, the House of Representative unanimously passed the Email Privacy Act.  As previously reported, the proposed changes would strengthen the privacy protections for email and other cloud-storage services by closing a loophole that allowed law enforcement to access older data without obtaining a warrant. However, while there is widespread support to require warrants … Continue Reading

House Judiciary Committee Approves Email Privacy Act

In a unanimous vote, the House Judiciary Committee approved the Email Privacy Act, a long-awaited update to the 30-year-old Electronic Communications Privacy Act (ECPA).  The proposed changes would strengthen the privacy protections for email and other cloud-storage services by closing a loophole that allowed law enforcement to access older data without obtaining a warrant.  The … Continue Reading

FTC Settles Deception and Unfairness Charges Against ASUS Over Router Security

The FTC has cautioned that a recent settlement holds lessons for companies involved in the Internet of Things.  The settlement, announced on Tuesday, was reached with  hardware manufacturer ASUS over concerns that its router products carried certain security vulnerabilities.  Notably, in addition to alleging that ASUS’s actions violated promises to consumers, the FTC alleged that … Continue Reading

FTC Approves New “Selfie” Verifiable Parental Consent Mechanism Under COPPA 

Under the Children’s Online Privacy Protection Act (COPPA), operators of certain websites, mobile applications, and other online services must provide parents notice and obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13 online.  The FTC has approved a new facial-recognition based method to comply with COPPA, … Continue Reading

FTC Announces First Consent Order on Misrepresentation in Crowdsourcing

The Federal Trade Commission (“FTC”) announced today that it has entered into a proposed consent order against the founder of a failed Kickstarter project, marking the first time that the agency has taken a consumer protection action in the rapidly-emerging field of crowdsourcing.  According to the complaint, the defendant, Erik Chevalier misused money raised through … Continue Reading

Solicitor General Urges Supreme Court To Leave Spokeo Ruling In Place

In the closely-watched case of Spokeo, Inc. v Robins, the Solicitor General recently filed an amicus brief urging the Court to deny certiorari and leave in place the 9th Circuit’s holding, which could encourage the rising tide of privacy class action litigation.  The Solicitor General’s brief—coauthored by the Consumer Financial Protection Bureau—argued that the dissemination … Continue Reading
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