Technology Law Update

No CAN-SPAM Liability "At The Drop Of A Hat"

Inaccuracies in the header information in a series of commercial e-mails did not violate the federal CAN-SPAM Act prohibition against materially false or misleading header information, where the e-mails as a whole were "replete with" accurate information concerning the sender of the e-mails. Omega World Travel, Inc. v. Mummagraphics, Inc., No. 05-2080, 2006 U.S. App. LEXIS 28517 (4th Cir. Nov. 17, 2006).

Attorney’s Dubious E-mail Address And Blank Subject Line Justifies Party’s Failure To Timely Respond To Electronically Served Document Request

A party’s deletion of an e-mailed discovery demand constituted excusable neglect that would justify an extension of time to respond to the discovery request when the sender’s e-mail address failed to identify the attorney and the subject line was blank and did not reference the litigation or nature of the email. Grano v. City of Mentor, No. 2005-L-185, 2006 Ohio App. LEXIS 6029 (Ohio Ct. App. Nov. 17, 2006).

Limited TRO Granted Against Infringing Gripe Site On Trademark, ACPA And Defamation Claims

A temporary, ex parte restraining order against the operator of a critical Web site is warranted on trademark, anticybersquatting and defamation claims where the plaintiff trademark owner has shown an inability to serve the defendant and has established that irreparable injury will occur absent the requested relief. International Profit Associates, Inc. v. Paisola, No. 06 C 6154, 2006 U.S. Dist. LEXIS (N.D. Ill. Nov. 14, 2006).

Employer Immune Under CDA Section 230 For Threatening Messages Sent Over Its Computer Network By Employee

An employer whose computer network was used by an employee to send threatening e-mails and post similar messages on an Internet bulletin board is immune under Section 230 of the Communications Decency Act from liability for plaintiff’s claims of emotional distress.<br><br> Delfino v. Agilent Technologies, Inc., No. H028993, 2006 Cal. App. LEXIS 1937 (Cal. Ct. App. Dec. 14, 2006).

County Government’s Internet Posting Of Claim Form Did Not Violate Privacy Right In Medical Records

An individual was deemed to have waived his right to informational privacy of his medical condition by making a public disclosure of that very condition in his claim form requesting damages against a County government.   William S. v. Lassen County, No. Civ.S-05-1217, 2006 U.S. Dist. LEXIS 85301 (E.D. Cal. Nov. 22, 2006).

Civil Actions Under Federal Computer Fraud Statute Not Limited To 18 U.S.C. § 1030(a)(5) Violations

Civil actions for violations of the federal Computer Fraud and Abuse Act may be brought under 18 U.S.C. § 1030(a)(4), which proscribes knowing access to a protected computer without authorization with intent to defraud. Fiber Systems International, Inc., v. Roehrs, No. 05-41213, 2006 U.S. App. LEXIS 29098 (5th Cir. Nov. 22, 2006).

Site That Provided Live Webcasts Of Motorcycle Racing Events Infringed Motocross Race Promoter’s Copyright

A Web site owner's unauthorized inline linking to live audio webcasts of motorcycle racing events made available by the plaintiff race promoter on its own Web site violated the race promoter’s rights of public display and public performance. Live Nation Motor Sports, Inc. v. Davis, No. 3:06-CV-276-L, 2006 U.S. Dist. LEXIS 89552 (N.D. Tex. Dec. 11, 2006).

Consent To Release Contact Information To Trade Group Members Does Not Constitute Consent To Receive Unsolicited Faxes

The consent of a member of a trade group to the release of its contact information, including telephone facsimile numbers, to other members of the trade group, does not constitute "prior express invitation or permission" under the Telephone Consumer Protection Act (TCPA) to receive unsolicited commercial faxes from another member of the trade group. Travel Travel Kirkwood, Inc. v. Jen N.Y., Inc., No. ED87441, 2006 Mo. App. LEXIS 1740 (Mo. Ct. App. Nov. 21, 2006).

CDA Section 230 Precludes Distributor Liability For Third-Party Internet Content

Section 230 of the Communications Decency Act immunizes interactive service providers from "distributor" liability for content supplied by third parties. Barrett v. Rosenthal, No. S122953, 2006 Cal. LEXIS 13529 (Cal. Nov. 20, 2006).

Petition to Perpetuate Testimony Directed To ISP May Be Used To Identify E-Mail Hacker

A petitioner that alleges that its e-mail system has been illegally accessed by a hacker using an IP address assigned to an Internet Service Provider (ISP) is entitled to disclosure of account details related to that IP address under Fed. R. Civ. P. 27. General Board of Global Ministries v. Cablevision Lightpath, Inc., No. CV 06-3669, 2006 U.S. Dist. LEXIS 86826 (E.D. N.Y. Nov. 30, 2006).