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…
DetailsWebsite crawling and data scraping have burdened the growth of e-commerce as website owners are witnessing their data scraped. The legal questions have lingered. Many questions stand out. The prevalence of crawling and scraping has become too of the norm for those using web content for business, research, or marketing purposes. The common theme is…
DetailsData security practices are increasingly becoming a theme among management and employees in the administration of business and their daily work process. The common element in data breaches is the element of human negligence, training or the underestimation of needed attention. The extent that incidents are occurring, information technology personnel and operations personnel are finding…
DetailsNotification of a data breach is a worrisome step of any governmental entity, association, medical office, law office, data management entity, and even of a school or university. The provisions that attempt to address this progressing act of cyber attempts to acquire data, of any sort, are evolving. An initial reaction to an incident is…
DetailsData breach insurance is becoming a growing concern and a topic for businesses to address their risk management administrative panoply. Considerations may sway a business towards a third-party insurance coverage or a first-party insurance coverage or both depending on the services provided. Previously posted writing regarding the cyber insurance needs, we discussed the limits that…
DetailsData breach case standing is the critical element in determining the case’s viability to continue along with the relevance of harm incurred. As data security breach occurrences amount with frequency, the menu of their handling also adds to the list of settled and or filed. The usual person is petrified when hearing that his or…
DetailsComputer abuse can occur by the simple act of password sharing to gain access to a computer and its network. Password sharing for use of a computer is seldom realized as a wrongful use. It is as well not realized by many account holders that sharing their account passwords or access passwords is as well…
DetailsAdvertising disclosures required by the Federal Trade Commission are addressing numerous issues with regard enhancing disclosures of sources of the statements being made in an advertisement. As creativity increases so will the efforts for the FTC to find aspects, not to their liking. As the FTC pursues companies using native advertisers or influencer programs, restrictions will…
DetailsCloud storage of data for business brings efficiencies and as well could bring unbeknown reasons for concern. Data is not static and neither is how it be directed for load balancing. It is not only stored, it is shared via transfers and as such it is accessed by users. How the data is accessed and…
DetailsPrivacy concerns over the use of a fun new game are not high among many users who by and large may not read the fine print of terms of use and the game’s privacy policy. The manner in which the game is subscribed to via the use of an existing social media account for authentication…
DetailsCloud service agreement considerations are many but few are addressed when cloud subscription services are sought. In previous posts on this subject, the emphasis was on having an exit strategy[1] and embracing the possible regulatory requirements.[2] A business’ or an institutions’ data could be at the mercy of the cloud service provider (CSP). The growth…
DetailsDefamation 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…
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