Blog

Highest EU Court Issues First Ruling Under Data Protection Directive

EU Directive 95/46, the so-called Data Protection Directive, was promulgated by the European Union in 1995 to protect the privacy rights of its citizens by limiting unauthorized “processing” and transfer of personal data. The directive contains a number of exemptions, including one for “purely personal or household activity” and another for “journalistic purposes or . . . artistic or literary expression . . . Read more about Highest EU Court Issues First Ruling Under Data Protection Directive

Federal District Court Dismisses Class Action Against Pharmatrak that Alleged Violation of Electronic Communications Privacy Act

Plaintiffs, in a consolidated class action, sued Pharmatrak, Inc., an Internet marketing service company for the healthcare industry specializing in website traffic analysis and monitoring, and numerous pharmaceutical companies, alleging that they secretly intercepted and accessed Plaintiff’s personal information through the use of “cookies” and other devices, in violation of state and federal law. On August 13, 2002, the Court granted summary judgment in favor of defendants on all counts (see In re Pharmatrak, Inc. Privacy Litigation, 220 F.Supp. 2d 4). Read more about Federal District Court Dismisses Class Action Against Pharmatrak that Alleged Violation of Electronic Communications Privacy Act

FCC Approves “Broadcast Flag” DTV Content Protection Scheme

On November 4, the Federal Communications Commission published a Report And Order And Further Notice Of Proposed Rulemaking approving the “broadcast flag” scheme for copy protection for broadcast digital television. The order requires that all DTV tuners, as well as devices that receive or manipulate DTV content in the home, incorporate certain content protection technologies that will protect broadcast programming from unauthorized copying. Read more about FCC Approves “Broadcast Flag” DTV Content Protection Scheme

Eleventh Circuit Court of Appeals Overturns Interspousal Wiretapping Exception

Defendant James Glazner filed for divorce from the plaintiff, Elisabeth Glazner. During the divorce proceedings, the defendant put a recording device on a telephone in the marital home and recorded conversations between the plaintiff and third parties without their knowledge. Upon discovering this device, the plaintiff sued the defendant for violating the wiretapping provisions of Title III of the Omnibus Crime Control and Safe Streets Acts of 1968, U.S.C. Read more about Eleventh Circuit Court of Appeals Overturns Interspousal Wiretapping Exception

Ninth Circuit Rules that Sampling of Jazz Composer’s Copyright is De Minimis Noninfringement

In a decision regarding the prevalent practice of musicians “sampling” others’ sound recordings, the Ninth Circuit granted hip hop group Beastie Boys summary judgment, finding that their use of a musical composition was de minimis, or trivial copying, and thus not infringement of a jazz flutist James Newton’s composition, “Choir.” The court found that the Beastie Boys did not appropriate “the overall essence or structure” of the composition such that the average audience would recognize Newton’s work. Read more about Ninth Circuit Rules that Sampling of Jazz Composer’s Copyright is De Minimis Noninfringement

ECJ Upholds Restriction on Online Sports Betting

A large group of defendants, including Gambelli, was criminally prosecuted in Italy for organizing Internet sports betting operations in violation of Italian law, under which no license can be granted (with a few exceptions, not relevant here) for the taking of bets.However, Article 43 of the EC Treaty (the treaty establishing the European Community) prohibits restrictions on the freedom of establishment (i.e., the business activities) of nationals of a Member State in the territory of another Member State, and Article 49 EC prohibits restrictions on freedom to provide services within the C Read more about ECJ Upholds Restriction on Online Sports Betting

Pages

Subscribe to Stanford CIS Blog