New Media and Technology Law Blog

Latest from New Media and Technology Law Blog

December 4, 2019

With the online shopping season in full swing, the FTC decided that online retailers might benefit from a reminder as to the dos and don’ts for social media influencers. Thus, the FTC released a new guide, “Disclosures 101 for Social Media Influencers,” that reiterates its position about the responsibility of “influencers” to disclose “material” connections with brands when endorsing products in online posts. Beyond this new guide, which is written in an easy-to-read…

New Media and Technology Law Blog

DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition

By Kevin Milewski

November 25, 2019

For the film and media distribution industries, this year has been action-packed. Production budgets are skyrocketing and new digital services have been announced or are launching with each passing month. The streaming wars are upon us. Moreover, the FCC recently voted to treat streaming services as “effective competition” to traditional cable providers (or MVPDs), thereby triggering basic cable rate de-regulation in parts of Hawaii and Massachusetts. The distribution landscape took yet another unexpected legal twist…

New Media and Technology Law Blog

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

By Jeffrey Neuburger

November 11, 2019

Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media profile data and whether once hiQ Labs, Inc. (“hiQ”), a data analytics firm, received LinkedIn’s cease-and-desist…

New Media and Technology Law Blog

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World

By Jeffrey Neuburger

October 21, 2019

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and seizure that implicates the Fourth Amendment, regardless of any reasonable expectations of privacy. (Mobley v. State, No. S18G1546 (Ga. Oct. 21, 2019)). The Court went on to hold that such retrieval of data was an unreasonable search…

New Media and Technology Law Blog

LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision

By Jeffrey Neuburger

October 14, 2019

On October 11, 2019, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media profile data and whether once hiQ Labs, Inc. (“hiQ”), a data analytics firm,…

New Media and Technology Law Blog

hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case

By Jeffrey Neuburger

September 27, 2019

UPDATE: On October 14, 2019, the parties entered into a Joint Stipulation dismissing the case, with prejudice. It appears from some reports that Stackla’s access to Facebook has been reinstated as part of the settlement. UPDATE: On September 27, 2019, the California district court issued its written order denying Stackla’s request for a TRO. In short, the court found that, at this early stage, Stackla only demonstrated “speculative harm” and its “vague statements” did not…

New Media and Technology Law Blog

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available Website Data

By Jeffrey Neuburger

September 9, 2019

In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the court was whether once hiQ Labs, Inc. (“hiQ”) received LinkedIn Corp.’s (“LinkedIn”) cease-and-desist letter demanding it stop scraping public LinkedIn profiles, any further scraping of…

New Media and Technology Law Blog

Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and Notification Tools Do Not Make Social Site the Developer of User Posts

By Jeffrey Neuburger

August 28, 2019

In the swirl of scrutiny surrounding the big Silicon Valley tech companies and with some in Congress declaiming that Section 230 of the Communications Decency Act (CDA) should be curtailed, 2019 has quietly been an important year for CDA jurisprudence with a number of opinions enunciating robust immunity under CDA Section 230. In particular, there has been a trio of noteworthy circuit court-level opinions rejecting plaintiffs’ attempt to make an “end run” around the…

New Media and Technology Law Blog

Recent Rulings Highlight Limits of CDA Immunity in Products Liability Cases against E-Commerce Platforms

By Jeffrey Neuburger

August 15, 2019

UPDATE: On August 23, 2019, the Third Circuit granted Amazon’s petition for rehearing en banc in the Oberdorf case. As per the order, the opinion dated July 3, 2019 is vacated. In early July, an appeals court ruled that Amazon should be considered a “seller” of goods under Pennsylvania products liability law and subject to strict liability for consumer injuries caused by the defective goods sold on its site by third-party vendors. (Oberdorf v. …

New Media and Technology Law Blog

Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of Subscribers’ Email Accounts

By Jeffrey Neuburger

August 9, 2019

This week, the FTC entered into a proposed settlement with Unrollme Inc. (“Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes. The FTC alleged that Unrollme made certain deceptive statements to consumers, who may have had privacy concerns, to persuade them to grant the company access to their email accounts. (In re Unrolllme Inc., File No 172 3139 (FTC proposed…

New Media and Technology Law Blog

Blog Authors

Retailer Reminder: FTC Releases Guidance for Social Media Influencers

DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World

LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision

hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available Website Data

Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and Notification Tools Do Not Make Social Site the Developer of User Posts

Recent Rulings Highlight Limits of CDA Immunity in Products Liability Cases against E-Commerce Platforms

Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of Subscribers’ Email Accounts

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