CategoryLegal

No expectation of privacy, says Google

I spent yesterday afternoon in Judge Koh’s courtroom listening to arguments on whether or not the class action suit against Google based on their scanning of emails for advertising purposes can go forward. This is the case that made news a few weeks ago because Google stated in their brief that users have “no expectation of privacy” in using online services. That does appear to...

Patent trolling, meet RPost

Yesterday I mentioned Ubicomm and their patent trolling based on an ancient Xerox patent they acquired earlier this year. I think the mere fact that Xerox sold the patent says all we need to know about how applicable it is. The other patent troll in the email space right now is RPost. Steve did a blog post about RPost patent trolling about a year ago. This summer, RPost’s legal team started...

Patent trolling

I’ve recently become aware of activity from a couple patent trolls in the email space. One is UbiCommLLC. They appear to be suing the Internet for violating a patent they acquired from Xerox. The lawsuit claim is that shopping cart abandonment emails violate a patent they own. I did a little reading on this recently. UbiComm LLC formed itself in January of this year and acquired a Xerox...

Gmail says no expectation of privacy, kinda.

Consumer Watch put out a press release yesterday about a court filing made by Gmail that says Gmail users have no expectation of privacy. I pulled a bunch of the docs yesterday, but have had no real time to read or digest them. For recap users everything I pulled (and stuff other people have pulled) are available at Archive.org. The initial complaint was filed under seal at the request of Google...

Papa John's settles texting suit

Last year a class action law suit was filed against Papa John’s for violation of the Telephone Consumer Protection Act (TCPA) for texts received by Papa John’s customers. Customers allege they never opted in to receive promotional text from the company. Papa John’s claim that they didn’t send the marketing, but instead was sent by third party contractors. A blog post on...

CAN SPAM ruling against whois privacy protection

A number of bloggers (Venkat B., John L. and Rebecca T.) have mentioned ZooBuh, Inc. v. Better Broadcasting, LLC (No.: 2:11cv00516-DN (D. Utah May 31, 2013)) recently. In summary of the case is that ZooBuh is an ISP that has sued Better Broadcasting for spamming in violation of CAN SPAM. Their case hinged on the receipt of more than 12,000 emails from Better Broadcasting, LLC. ZooBuh said these...

Arrest made in Spamhaus dDOS

According to a press release by the Openbaar Ministerie (the Public Prosecution Office), a dutch man with the initials SK has been arrested in Spain (English translation) for the dDOS attacks on Spamhaus. Authorities in Spain have searched the house where SK was staying and seized electronic devices including computers and mobile phones. Brian Krebs has more, including multiple sources that...

No room for cowards

Brian Krebs was the keynote speaker at a MAAWG meeting a few years ago. He is a tech journalist that knows and understands the dark underworld of online crime. Yesterday, his website was taken down by a dDOS attack and the Fairfax County SWAT team was called to his house by someone. Brian does work that is risky. His contributions to what we know about online crime are extremely valuable. His...

More on CASL

Three great articles on CASL.

Does Canada’s Anti-Spam Law Really Make It Illegal To Email a Step-Parent or Great Uncle? No.
Does Canada’s Anti-Spam Law Really Make It Illegal To Promote a Child’s Lemonade Stand? No.
Does Canada’s Anti-Spam Law Really Stop Small Business From Using Email Marketing? No.

HT: Neil Schwartzman

Another one bites the dust

NASK (the Polish domain registry) has taken over a number of domain names used in spreading viruses and infections. The domain names were used to spread and control dangerous malware known as “Virut” . NASK’s actions are aimed at protecting Internet users from threats that involved the botnet built with Virut-infected machines, such as DDoS attacks, spam and data theft. The scale of the...

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