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Articles from newspapers, trade journals and other periodicals that are printed from an Internet search service are not admissible under Fed. R. Evid. 902(6), which provides for self-authentication of "printed materials purporting to be newspapers or periodicals." U.S. v. Premera Blue Cross, No. C01-0476P, 2006 U.S. Dist. LEXIS 70933 (W.D. Wash. Sep. 29, 2006).
Allegations that a former acquaintance posted plaintiff's home and work e-mail addresses and phone numbers on a Web site in response to advertisements seeking sexual relations is actionable as a tortious public disclosure of private facts. Benz v. The Washington Newspaper Publishing Company, LLC, No. 05-1760, 2006 U.S. Dist. LEXIS 71827 (D. D.C. Sep. 29, 2006).
A search engine's sale of a trademark term as an advertising keyword to a competitor of the trademark owner does not constitute an actionable trademark use under the Lanham Act. Rescuecom Corp. v. Google, Inc., No. 5:04-CV-1055, 2006 U.S. Dist. LEXIS 70409 (N.D. N.Y. Sep. 28, 2006).
The Cable Privacy Act provision that prohibits cable operators from collecting "personally identifiable information using [a] cable system" does not apply to the collection of information about the Internet activity of a cable company's broadband subscribers. Klimas v. Comcast Cable Communications, Inc., No. 03-2012, 2006 U.S. App. LEXIS 24366 (6th Cir. Sep. 28, 2006).
A state alcoholic beverage control law that prohibits all direct Internet, telephone and mail-order sales to consumers by both in-state and out-of-state wineries, does not violate the federal Commerce Clause. Hurley v. Minner, No. 05-826-SLR, 2006 U.S. Dist. LEXIS 69090 (D. Del. Sep. 26, 2006).
A Web site that was made available to real estate brokers on a subscription basis, and allowed brokers to store confidential listings and customer records and to communicate with other subscribers by e-mail, may be an "electronic bulletin board" within the meaning of the Electronic Communications Privacy Act. Kaufman v. Nest Seekers, LLC, No. 05 CV 6782, 2006 U.S. Dist. LEXIS 71104 (S.D. N.Y. Sep. 26, 2006).
Three new measures aimed at protecting consumer privacy and preventing identity theft have been signed into law in New York. S.6723/A.12033, A.891F/S.5005F, S.6909C/A.10067D.
Employees of an electronic financial newsletter who are engaged in news gathering or news disseminating activities are entitled to assert the news media privilege under Maryland law in response to questions posed at a deposition in a defamation action. Forensic Advisors, Inc. v. Matrixx Initiatives, Inc., No. 2621, 2006 Md. App. LEXIS 216 (Ct. Special App. Sep. 19, 2006).
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The appearance, selection and placement of input fields for entering data on computerized legal forms is not protected by copyright where those elements were not sufficiently original to merit copyright protection. Ross, Brovins & Oehmake, P.C. v. LEXIS NEXIS Group, No. 05-1513, 2006 U.S. App. LEXIS 23457 (6th Cir. Sep. 15, 2006).
An employer's placement of a hidden, motion-activated video camera in a shared office, in order to detect unauthorized after-hours computer access by unknown parties, is actionable by the employee occupants of the office even if the employees themselves were not the object of the surveillance and were never viewed or recorded by the surveillance system. Hernandez v. Hillsides, Inc., No. B183713, 2006 Cal. App. LEXIS 1390 (Ct. App. 2d Dist. Sep. 14, 2006).
