Archive for November, 2011

FTC Announces Settlement With Facebook–Imposes New Express Consent Requirements for Certain Sharing of Information

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The FTC announced today that it had settled a matter with Facebook related to its privacy practices.  Among the allegations made by the FTC in the complaint were:

  • In December 2009, Facebook changed its website so certain information that users may have designated as private – such as their Friends List – was made public. They didn’t warn users that this change was coming, or get their approval in advance.
  • Facebook represented that third-party apps that users’ installed would have access only ...

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EU Court Rules ISPs have no Content Filtering Obligations

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The EU Court of Justice ruled today that ISPs have no obligation to filter infringing content.  The litigation was brought by Scarlet Extended SA, an Internet Service Provider, and SABAM, a Belgian management company, based upon the allegation that protected works were being posted on the Internet without permission or the payment of royalties.

The question presented was summarized by the Court as follows:

By its questions, the referring court asks, in essence, whether Directives 2000/31, 2001/29, 2004/48, 95/46 and ...

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Northern District Dismisses ECPA and Breach of Contract Claims for Data Transfer.

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On November 22, 2011, the Northern District Court ruled in the In re Facebook Litigation, dismissing the Plaintiffs’ claims with prejudice.  The case has been blogged about extensively, and arises from the alleged transfer of information from Facebook to certain third-parties.  There were a number of issues that were addressed, including who the intended recipient of the communications were, whether Facebook was acting as a “Remote Computing Service”, or RCS, and whether a breach of contract claim could be stated.

In addressing the ...

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The Lares Institute Submits Comments on Proposed Changes to COPPA Rule.

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The Lares Institute submitted comments to the Federal Trade Commission on the proposed changes to the COPPA Rule.  A copy of the comments can be found here.

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