Tag Archives: ECPA

California Privacy Claims Survive Motion to Dismiss In NebuAd Lawsuit

In a recent order, Judge Henderson of the District Court for the Northern District of California denied NebuAd Inc.’s motion to dismiss in Valentine v. NebuAd Inc., No. C08-05113 TEH, finding that plaintiffs had sufficient statutory standing to assert claims under the California Invasion of Privacy Act (“CIPA”) and the California Computer Crime Law (“CCCL”) … Continue Reading

Senate Judiciary Committee Continues ECPA Review

On Wednesday, April 6, the Senate Judiciary Committee held a hearing to examine ECPA, the Electronic Communications Privacy Act.  The hearing, which focused on the federal government’s perspective on ECPA reform, followed up on a hearing held last September and Sen. Patrick Leahy’s (D-VT) January 2011 pledge that “[t]he Judiciary Committee will continue the work … Continue Reading

Privacy Lawsuit Against Cable One Dismissed

Today the District Court for the Northern District of Alabama dismissed the class action lawsuit filed against our client, Cable One, Inc., for lack of subject matter jurisdiction because the named plaintiff lacked standing.  The litigation arose out of a limited test of NebuAd Inc.’s “deep packet inspection” technology, which was used to create anonymous, … Continue Reading

Apple Sued Again For Alleged Privacy Violations

For the fourth time in the past two months, Apple has been sued for allegedly violating the privacy of iPad and iPhone users.  Like the previous three suits (two of which we discussed in this post), Rodimer v. Apple, Inc. [PDF] alleges that Apple transmitted “personal information,” including Unique Device IDs (“UDIDs”) to application developers, who, in … Continue Reading

Covington Analysis on Commerce Privacy Report: Urges Self-Regulation and “Privacy Bill of Rights”

The Department of Commerce has just issued its much-anticipated “green paper” on online privacy. The paper, “Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework” [PDF], reflects Commerce’s stepped-up focus on privacy issues coming out the formation of its Internet Policy Task Force this past April. In its report, Commerce asks for … Continue Reading

Quantcast, Clearspring Agree to Settle “Flash Cookies” Suits

Just two days after the Director of the FTC’s Bureau of Consumer Protection announced that the agency would not tolerate an “arms race” aimed at developing technologies that subvert user choice regarding online tracking, two firms accused of employing such technologies agreed to settle lawsuits against them.  Quantcast and Clearspring–which provide web analytics and certain functionality to consumer-facing websites–were named in several … Continue Reading
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