In California, a new Facebook feature which permits an advertiser to publish or broadcast a user’s “like” of its product to others in that individual’s circle is under scrutiny. The United States District Court in San Jose, California refused to grant a motion to dismiss which states that Facebook ads…
In the recent years, online harassment or cyberharassment has become an important issue. This is because the Internet has changed our lives on so many levels. Generally, the law prohibits harassment and our readers should consider taking certain precautions when being harassed. Cyberharassment is different from cyberstalking because it does…
In California, the stalking laws are included under Section 646.9 of the Penal Code, which states that any person who willfully and maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her…
If you use email in your day-to-day business operations the CAN-SPAM Act is a law that sets the rules for commercial email. It also establishes the requirements for commercial messages, provides recipients the right to have the sender stop emailing them, and mentions the penalties for related violations. The CAN-SPAM…
In light of the circumstances, numerous states have enacted “cyberstalking” or “cyberharassment” laws or currently possess laws that specifically include electronic forms of communication within more traditional stalking or harassment laws. In addition, many states have enacted “cyberbullying” laws in reaction to issues related to protecting minors from online bullying…
Samsung Electronics, the second largest maker of mobile phones, claims that Apple Inc. has infringed upon its patents since entering the mobile-phone market with the iPhone 3G, a lawyer for Samsung told a Dutch court as the Korean company seeks a ban on some Apple products in the Netherlands. “Apple…
In the recent years, numerous Internet forums (aka “online message boards”) have provided a place for Internet users to discuss issues, entities/companies, and persons or individuals, who are often disguised in some form of anonymity. Sometimes, the targets of disparaging comments react by filing lawsuits in state or federal courts…
Pursuant to Section 230 of the Communications Decency Act, no provider of an interactive computer service may be treated as the publisher of information provided by another information content provider. See 47 U.S.C. § 230(c)(1). The term “interactive computer service” means any information service, system, or access software provider that…
A defamatory statement is one that injures the reputation of another. The common-law torts of libel and slander punish the publication of statements that are both defamatory and false. Generally, a libelous statement is a false and defamatory statement published in writing. A slanderous statement is a false and defamatory…
The issue of online service provider liability comes up often in today’s high-tech world. In order to promote free discussion and private investment in the Internet, the United States Congress immunized providers of “interactive computer service[s]” against liability arising out of content provided for publication by any other “information content…