Articles Posted in Internet Law

In recent years, with lawyers and their clients calling for alternate methods of dispute resolution, the discovery of electronic documents has become more difficult to manage.  In fact, this dilemma is due to the expansive nature of technology and related software and hardware platforms.  As such, it has increased the costs and burdens of litigation.

What is Arbitration?

Arbitration came about as an alternative method to resolve litigation. It exists as a way to provide a way for the parties to resolve their disputes before trial. An arbitrator is granted the authority to ask for electronic data to be presented in a case. Although, arbitration is cost effective, however, flaws exist regarding the scope of electronically-stored information that may be discovered during litigation. Due to the large amount of electronically stored information, arbitral institutions like the International Institute for Conflict Prevention and Resolution (“IICPR”) have proposed guidelines for discovery.

In recent times, the concern over the distribution of, and access to, users’ data on the web continues due to rising cyber activity. This has lead to an increase in Internet-related class action lawsuits.

What are the different types of class action categories?

One category of class actions relates to the use of internet cookies, which are utilized by websites and applications to obtain information about users’ activities.  These files are saved on a user’s hard drive, so the host server gains access to certain information (e.g., user’s identity and recent transactions). “Zombie cookies” have become a concern leading to class action lawsuits, as they cannot be deleted and lead to online surveillance of users.  Online advertising has also become a source of class action lawsuits, as third-party advertisers have teamed up with websites to use cookies without consent.  As a result, online behavioral advertising is created based on a user’s browsing history in order to create relevant advertisements, which may violate privacy policies.  Another category of class action is brought when a company website violates its own terms of service or privacy policies, sometimes leading to breached databases. The last category has to do with information contained on social media platforms.  As a general matter, user profiles on social media platforms (e.g., LinkedIn, Facebook) yield a large quantity of information.  These social media platforms create user profiles that are shared with third parties such as advertising firms.

In general, harassing phone calls are distinguished from unwanted phone calls based on obscene or threatening language used to intimidate or scare the recipient. A phone call must hold malicious intentions in order to be classified as harassment punishable under California state laws.

What makes telephone calls a crime in California?

Under California Penal Code 653m, certain elements of a telephone call can lead to liability for criminal activity. The first element is the act of making a telephone call or electronic communication. This can be done via telephone, smartphone, computer, pager, or recorder, among other communication devices. This means that forms of electronic harassment could include text messages, phone calls, emails, faxes, picture messages, video messages, or voice recordings. A defendant can be accused of violating Penal Code 653m even if he/she was not the one to initiate the call. A violation may exist if he/she requested the electronic communication. The next element is the use of obscene language that is meant to threaten or injure the recipient, his/her family and/or property. This includes repeated calls or communication attempts, regardless of the content. The last element is the intent to harass or annoy a victim. There is no violation if the communication is made with the intention of legitimate business purposes, even though certain business calls might seem as nuisance.