Cybersecurity Risk Tops CEO Concerns
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The importance of making online and mobile app terms clear and conspicuous to users was reinforced by the recent federal appeals court decision in Cullinane v. Uber Technologies, Inc. The plaintiffs filed a proposed class action in Massachusetts state court alleging that Uber had violated a consumer protection law by inflating its fees around Logan International Airport. Uber removed the case to federal court, then filed a motion to compel arbitration based on a clause in its terms of service. The trial court granted Uber’s motion and dismissed the case and the plaintiffs appealed to the First Circuit.More
Tech start up Elefante Group, Inc., in partnership with Lockheed Martin Corporation, has filed a petition for rulemaking with the Federal Communications Commission (FCC) regarding a design for a platform of atmospheric-based service to deliver high capacity, fast communications services. This “network-in-the-sky” would be powered by solar energy and some fuel cells. It would be capable of providing coverage to more than 9,000 square miles for six to nine months at a time.More
“Phishing” occurs through a fake email message to obtain sensitive information for the purpose of committing fraud. Phishing schemes are becoming more sophisticated, resulting in many organizations falling victim and incurring financial loss. Some organizations have filed claims with their cyber insurance carriers. Lawsuits have followed after insurance companies have denied coverage.More
As of June 1, 2018, Alabama has become the 50thstate to enforce a data breach notification law to protect the personally identifiable information of its residents. More
Disney recently suffered a potentially devastating setback in its legal effort to stop Redbox from selling digital codes to Disney films. A federal court in California denied Disney’s request for a preliminary injunction against Redbox, citing that Disney has engaged in copyright misuse, an affirmative defense to Disney’s contributory copyright infringement.
The court pointed out that there is no dispute that Disney’s copyrights do not give it the ability to prevent consumers from selling or transferring DVDs or Blu-ray discs within a Combo Pack. The court pointed to the fact that Disney’s digital HD terms and conditions require users to represent that they are currently “the owner of the physical product that accompanied the digital code at the time of purchase.”
Read more in Kathy Ossian’s recent article “Disney denied preliminary injunction against Redbox based on “copyright misuse” published in Leading Internet Case Law, April 2018 available here. Contact us at Ossian Law regarding any information technology law question.
© 2018 Ossian Law P.C.
Employees using corporate or personal devices to text and use communication apps use can pose risk to an organization. The risk can be even greater for highly regulated industries like financial institutions. Recently, Deutsche Bank announced a ban on employee text messaging with company-issued phones. The ban also extends to the use of communication apps like WhatsApp.More
In recent years, the Federal Communications Commission (FCC) has been considering what direction to take regarding mobile messaging. In August, the FCC held hearings where mobile companies and industry associations offered comments on the proposed regulations of mobile messaging. By way of example, comments filed by mobile messaging leader Twilio claim that, under the current environment of the federal Telephone Consumer Protection Act (TCPA), tens of millions of text messages have been blocked by carriers. Twilio has urged the FCC to ease this negative impact by relaxing federal regulations.
On the flip side, the Wireless Association has taken the position that easing regulations could lead to a virtual “Spamageddon” of consumers receiving unwanted text messages. Stay tuned for the direction the FCC ultimately decides to take.
Access an earlier Twilio filing with the FCC discussing text message blocking here. Contact us at Ossian Law regarding any information technology law question.
Kathy Ossian, founder and CEO of Ferndale’s Ossian Law P.C. has been selected as one of the Best Lawyers in America in the practice area of Information Technology Law. The Best Lawyers titles were given based on a peer-review survey of attorneys in Metro Detroit. Along with practicing law, Ossian is a speaker, educator and editor of the PLI publication, “Social Media and the Law”. Ossian Law P.C. is an information technology law practice, based in Ferndale, Michigan. |