Online Personal Information, What’s the Harm?

Personal Information is accessed so easily through the Internet that it causes concern for its privacy, handling of personally identifiable information (PII), and its correctness. With the use of a credit card and picking anyone’s name and selecting a state of some form of known or suggested relevance to an individual, anyone can acquire information on one’s profile. Whether…

Internet Speech and Defamation I

Internet speech has drawn concern for its limitless, it seems, availability for anyone to air their comments about something.  While there are certain protections for speech, the inherent lack of truth in the statements or the lack of concern for the truth in making such a statement online about someone, engenders a considerable amount of…

Internet Speech Immunity

Internet speech immunity exceptions are sought frequently by individuals and businesses who are affected by someone else’s comments about them via an online site.  Online sites are today’s marketplace of ideas to enhance the “competition of the market.”[1]  And so, the claim usually asserted is a defamation claim directed to the website from where the…

Defamation Online Issues

Defamation online in reviews posted by readers and comments stated in social media platforms throughout the United States and across its borders, raise legal questions. The aspects of posts in general also raise the issues of responsibility an individual has in controlling the content of one’s Facebook page or blog.  The Communication Decency Act, Section…

Internet Security – Passwords’ Way into a Life

Internet account security and weak passwords are all too common when causes to cyber incidents are investigated.  The ease of use of one’s birthdate, anniversary, and the incredibly savvy use of ‘admin’ or ‘password’, not to mention ‘12345,’ has gotten many in a serious predicament.  Not following through on login processes and seeking shortcuts has…

Social Media Self-Modification

Self-Modification by social media platforms has struggled to ensure that the Internet is acceptable to all cultures, religions, political persuasion, and to all values of countries.  This exercise in Internet Governance is tall and detailed and comes under criticism for being too heavy handed towards exercising censorship.  Though easy to say, it becomes difficult to…

Internet Service Providers New Privacy Rules

Internet service providers (ISP) are being pressured for enhanced privacy practices by the Federal Communications Commission (FCC).  Commissioner Wheeler’s proposal issued March 11th seeks to regulate ISPs and their handling of consumer information to heighten consumer privacy protection.  The FCC issued its draft Notice of Proposed Rulemaking (NPRM) focusing on ISPs and not on websites,…

Child Privacy and the Apps They Play

Child privacy while playing with apps is something to consider.  The Federal Trade Commission (FTC) has been concerned.  The aspect of how information, that is children’s personal information, is shared with advertisers and the related networks brings to mind the requirements of the Children Online Privacy Protection Act (COPPA). In 2013, the FTC amended the…

How Private is our Privacy

Privacy may not be as private as we would consider, and not much more than what we are capable of to keep private, as long as we live a cyber life.  Take for instance, the wearables that caught the craze throughout 2015 and became a popular item to buy at Christmas and other items that…

Anti-Slapp in Florida

Anti-Slapp in Florida was put to the test in Roca Labs, Inc. v. Consumer Opinion Corp.(Pissed Consumer). In its original lawsuit, Roca Labs argued that the defendant’s consumer review website was fostering defamation, effectively causing tortuous interference, committing unfair competition.  The defense argued immunity under Section 230 of the Communication Decency Act, formally known as…

Internet Freedom of Speech at Risk

Internet freedom of speech is not given the attention it merits while the EU ponders on its EU Data Protection Regulation.  Many rightfully fear that censorship is looming near and is nearer than one imagines.  While the General Data Protection Regulation (GDPR) has lingered since the 1990s, many countries have followed the EU aspiration of…

Internet Technology and Encryption

Internet technology and encryption is placed at the forefront of the debate about how to process, store, secure, report, you get the picture, of communication that are otherwise deemed private.  The discussion embraces the ideas of using back-door means for law enforcement to peruse and search for possible suspects of the terror and their plots…

Fate of the Internet

Life has changed with the Internet but it will change even more as the fate of the Internet is in court hands once again. The U.S. Court of Appeals for the D.C. Circuit will determine how Internet providers will change how we use the internet, what content will be permitted, and how we access and…

Linking Defamatory Content Online

A case from Washington state dealt with online defamation from linking defamatory content online.  The court wrestled with the issues of proving defamation online.  The court articulated that the First Amendment freedom speech is to be protected and the courts hold to that as well when it comes to online speech and linking defamatory content.  In the era of…

Standing in Data Breach Cases

After years of hesitation to find standing in data breach cases, federal courts are now viewing factors to base standing.  When the matter has been the disclosure of personally identifiable information (PII), the courts have not found standing in data breach cases because they required evidence of actual usage of that PII.  The actual suffering…

Website Defamation Immunity

Website operators, either as defendants or plaintiffs have resorted to Section 230 of the Communications Decency Act (CDA) to determine website defamation immunity and defamation liability.  Under the Section 230, blogs or forums, for instance, benefit from website immunity from tort liability if the information was from a third-party.  That third-party could be a subscriber,…

eCommerce and the FTC

eCommerce and the FTC For businesses seeking to engage commercially in the realm of cyber space ‘eCommerce’, their eCommerce efforts will be under the eyes of the FTC – Federal Trade Commission. While it was established in the early 1900s, the FTC has been focused on protecting consumers and enforcing their rights. There has been…

Balancing Privacy and Encryption

There is no perfect security when balancing privacy and encryption. However, companies storing and collecting data are obliged to focus on higher protection levels. End user controls are receiving greater attention as events increase in frequency. The unfortunate aspect is the prevalence of naiveté about security among users of smartphones, laptops, tablets, and cloud applications.…

Social Media Information Used in Litigation

Social media use and its information is telling of someone and it is increasingly sought after in court cases where we see social media information used in litigation. Many times social media accounts are a well-spring of vital information that can tip a case on its head. The information can reveal truthfulness or the lack…

Marketability of Hashtags

As hashtags are increasingly filed for registry as trademarks, courts are balancing the nominative use of hashtags and the descriptive use of the marketability of hashtags.  So far over 50 hashtags have been granted federally registered trademark status. The difficulty is that the descriptive use may be heightened by the courts amid the value of…

Review Websites Being Questioned

Review websites being questioned for claiming to be a “passive conduit” of comments about service providers.  The matter of consumer trust in reviews provided by these sites run the risk of being manipulated by subscriber agreements. What stands in the fulcrum is the ability for these sites to bolster the transparency of their policies in…

Personal Data Privacy and Consumer Privacy Bill

Personal data privacy and Consumer Privacy Bill may meet to give people more control over their personal information is in the horizon. Concern however remains with companies and data brokers having discretion. The proposed Consumer Privacy Bill of Rights Act, sets some requirements on companies that process personal information. The idea is to establish some…

Internet Privacy – Florida Privacy Protection Act

Internet Privacy Law – Florida Internet Privacy Law The flow of information from internet usage and ‘ Internet of Things’  is easily accompanied with its collection and systemic use for other purposes. Digital profiles are created with every online user’s key stroke, site visited, and key word used. In 2015, the Florida Legislature addressed many…

Internet Password Security

Internet password security is a growing concern about internet user’s privacy. Services provided address the management of passwords to enhance password security and privacy on the internet.  There are considerations.  Pros – they offer secure storage, sync usernames and passwords, help prevent password reuse with provide password reminders, identify emails used as identifiers, use email confirmation…

Facial Recognition and Social Media

The use of facial recognition by social media platforms is drawing concern from European regulators.   The ramifications impinging on privacy by the social media networks’ use of facial recognition technology are foreseen as limitless.  For instance, facial recognition technology can identify Facebook friends to whom users can then forward the photos.  Canadian authorities share…

Concerns with Facial Recognition

The EU has concerns with facial recognition used in social media.  The concerns with facial recognition stems from technology being able to identify Facebook friends to whom users can then forward the photos. Canadian and European regulators are not favorable of social network’s use of facial recognition technology. The general concern is that with the…

Spying On Emails

(Reuters) – Spying on emails has drawn the attention of the courts. A U.S. judge ordered Yahoo Inc to face a nationwide class-action lawsuit accusing it of illegally intercepting the content of emails sent to Yahoo Mail subscribers from non-Yahoo Mail accounts, and using the information to boost advertising revenue. In a decision late Tuesday…