The purchase of commercial general liability and umbrella insurance policies are ways to protect your business from liability. However, these types of policies have not adapted to protect policyholders from certain types of cyber liability. This issue was recently exposed in a case against Urban Outfitters, Inc., and its subsidiary,…
In recent years, social media has allowed users to instantly communicate with each other. Social media also provides a low cost and high-yield forum for communications. Because of these effects, social media is becoming the preferred way for advertisers to reach customers. A marketing campaign that includes social media can…
As mobile technology improves, we all do more on our mobile devices—e.g., banking, shopping, and gaming are just a few examples. The Wall Street Journal estimates the mobile apps market as a $25 billion industry. New businesses and entrepreneurs may want to jump into this growing market. When new developers…
Computers are learning to do it all—even surf the Web. These computers, or programs, explore the World Wide Web, gathering information and processes for use in other forums. This technology, which is known as “web scraping” may also threaten website and consumer privacy concerns. Indeed, websites have a proprietary interest…
Where you visit online seems to say a lot about you. Online privacy has been in the spotlight recently, as consumers come to terms with the reality that their online tracks define who they are to marketers and government agencies. By studying this data, third parties can paint a picture…
In recent years, consumers have received numerous emails from merchants, all trying to sell a service or a product. While marketing and commercial activity is central to the American economy, the recipients of these emails must also enjoy their privacy. In an effort to protect against these disruptive emails, the…
When a person harms another, the harmed party has the option of filing a lawsuit to seek damages. However, certain harms affect large groups of people, sometimes reaching into the thousands. In these cases, state and federal civil procedure rules provide for class action lawsuits. A class action lawsuit is…
Identity theft and personal privacy are major issues, as more information is available over the Internet and linked together through social media networks. However, even as early as the 1970s, legislatures were taking steps to protect personal information from public exposure and marketing schemes. For example, California’s legislature has passed…
In recent years, electronic spam has become a public nuisance. In response, several states, including, but not limited to, California, have enacted statutes to prevent electronic spam. As with most legislation that deals with the constantly-changing nature of the web, these statutes struggle to define the extent of their application…
In general, the federal government enforces privacy rights at the federal level and state governments regulate privacy standards at the state level. Depending on the area of privacy laws at issue, different government agencies have enforcement authority. For example, Office of the Attorney General, Federal Trade Commission, and Department of…