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Amicus Groups Oppose Feds' Use of Computer Fraud Act in Myspace Case

The National Law Journal
08-07-2008

The Electronic Frontier Foundation, the Center for Democracy and Technology, Public Citizen and more than a dozen law professors have filed an amicus brief to dismiss the federal government's criminal case against a Missouri woman who used a false identity on a MySpace page to bully a teenager who ultimately committed suicide. Federal prosecutors contend that the woman, Lori Drew, created a MySpace account under the name "Josh Evans" and, using that false identity, developed an online relationship with Megan Meier, a 13-year-old girl who later committed suicide.

Top Story

Lawyer Falls Prey to Pricey Internet Scam

Fulton County Daily Report
08-26-2008

Atlanta securities lawyer Gregory Bartko says he's the victim of an Internet fraud scheme that's apparently targeting law firms throughout the U.S., as well as the banks where lawyers have their escrow accounts. Bartko is a defendant in a federal suit by Wachovia Bank, which is seeking reimbursement for nearly $200,000 that the bank wired, on Bartko's instructions, to a Korean bank on behalf of a company that had hired Bartko via the Internet.

News

Can MySpace Suits Can the Spam?

The Recorder
08-21-2008

As recent suits and settlements prove, social networking sites like MySpace and Facebook are dropping the legal hammer on spammers. But the long-term impact of such actions remains to be seen, according to lawyers. "Do these lawsuits work in the sense of recovering monetary awards? Only occasionally," said a DLA Piper litigator who works on spam cases. "I think more important to these companies is the chilling effect it has on spam."

California Noncompetes; LinkedIn in London

New York Law Journal
08-21-2008

Two employment-related cases some 5,500 miles apart may be of particular interest to technology-focused companies. From California, a Supreme Court decision essentially does away with employee noncompete agreements in that state, and from England, a High Court ruling permits an employer to gain access to information from a former employee's LinkedIn account.

Battling Bosses Over E-Mail Access

The Connecticut Law Tribune
08-18-2008

Cybersex Patent Case Leads to Bad Vibes Between Firm, Client

The Recorder
08-14-2008

With a sparkling reputation in patent litigation, San Francisco's Keker & Van Nest chooses cases carefully, wins often and has clients who follow marching orders -- most of the time. But efforts to defend an adult business that wants to add a little sensation to cybersex have ended with hurt feelings all around -- and a protracted fight to get off the case entirely. Keker argues irreconcilable differences, its client says it's all about greed, and a leading L.A. porn lawyer is caught in the middle.

Prosecutors: Cyber Law Applies to Suicide Case

The Associated Press
08-13-2008

Federal prosecutors defended their use of a cyber crime statute in the case of a Missouri woman charged with using a MySpace hoax that allegedly led a 13-year-old girl to commit suicide. The prosecutors, rebutting a defense motion to dismiss the case, argued in court documents filed Aug. 12 that the Computer Fraud and Abuse Act is relevant to the case against Lori Drew. The statute used to indict the woman usually applies to Internet hackers who illegally access accounts to get information. Drew is accused helping to create a false-identity account on the MySpace social networking site and harassing her young neighbor with cruel messages.

Practice Papers

California Noncompetes; LinkedIn in London

New York Law Journal
08-21-2008

Two employment-related cases some 5,500 miles apart may be of particular interest to technology-focused companies. From California, a Supreme Court decision essentially does away with employee noncompete agreements in that state, and from England, a High Court ruling permits an employer to gain access to information from a former employee's LinkedIn account.

Decisions

Entertainment Software Association v. Swanson

8th Cir.
03-17-2008

Absent incontrovertible proof of causal relationship between exposure to video game violence and children's subsequent psychological dysfunction, state failed to meet evidentiary burden necessary to set aside permanent injunction against enforcement of statute barring minors from purchasing or renting games bearing "Mature" or "Adult Only" rating.

Chicago Lawyers' Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc.

7th Cir.
03-14-2008

Pursuant to Communications Decency Act of 1996, online information system "craigslist" could not be treated as publisher or speaker of information provided by website's users; thus craigslist could not be liable for allegedly discriminatory real estate ads under Housing Act provision forbidding discrimination on account of race, religion, sex or family status when selling or renting housing (construing Communications Decency Act § 230(c)).

United States v. Hanny

8th Cir.
12-12-2007

Physician who authorized controlled substance prescriptions for company that sold prescription drugs over Internet was subject to criminal sentencing enhancement for distributing controlled substances through mass-marketing by means of interactive computer service.