New Media and Technology Law Blog
Jeffrey Neuburger

Jeffrey Neuburger

Partner

Jeffrey Neuburger is a partner, co-head of the Technology, Media & Telecommunications Group, a member of the Privacy & Cybersecurity Group and editor of the firm’s New Media and Technology Law blog.

Jeff’s practice focuses on technology, media and advertising-related business transactions and counseling, including the utilization of emerging technology and distribution methods in business. For example, Jeff represents clients in online strategies associated with advertising, products, services and content commercialized on the Internet through broadband channels, mobile platforms, broadcast and cable television distribution and print publishing. He also represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements.

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Website HTML Is Copyrightable, Even If Look and Feel Is Not

In a notable ruling last month, a California district court ruled that the HTML underlying a custom search results page of an online advertising creation platform is copyrightable. In Media.net Advertising FZ-LLC v. Netseer Inc., No. 14-3883, 2016 U.S. Dist. LEXIS 3784 (N.D. Cal. Jan. 12, 2016), the plaintiff, an online contextual-advertising service provider, brought … Continue Reading

FTC Releases Big Data Report Outlining Risks, Benefits and Legal Hurdles

The big data revolution is quietly chugging along:  devices, sensors, websites and networks are collecting and producing significant amounts of data, the cost of data storage continues to plummet, public and private sector interest in data mining is growing, data computational and statistical methods have advanced, and more and more data scientists are using new … Continue Reading

FTC Issues Enforcement Policy Statement on Native Advertising in New Media

Digital media marketers are aggressively increasing the use of so-called sponsored content, or native advertising to reach new customers.  Particularly with the growing use of ad blockers on web and mobile browsers, marketers have sought to present advertising in a new form that can circumvent automated blocking and somehow capture the attention of users who … Continue Reading

Photo Storage Service’s Collection of Faceprints May Violate Illinois Biometric Privacy Statute

As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). The photo storage service Shutterfly and the social network Facebook are both defending putative class action suits that, among other things, allege that such services created and stored … Continue Reading

Facebook Seeks Dismissal in Illinois Facial Recognition Biometric Privacy Suit

As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA).  In a separate putative class action filed in Illinois federal court that involves the tagging of an “unwilling” non-user without his … Continue Reading

European Court Gives Bitcoin a Tax-Free Boost

In an important ruling for digital currency service providers, EU’s top court, the Court of Justice of the European Union (CJEU), ruled that transactions to exchange a traditional currency for bitcoin virtual currency, or vice versa, were not subject to value added tax (VAT), effectively treating such transactions like an exchange of cash. (Skatteverket v … Continue Reading

Video Privacy Protection Act Narrowed – App’s Transmission of Roku ID Not Disclosure of Personal Information

A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII)  under the VPPA.  Does PII refer to information which must, without more, link an actual person to actual video materials?  Or … Continue Reading

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions.  (See e.g., Licata v. Facebook, Inc., No. 2015CH05427 (Ill. Cir. Ct. Cook Cty. filed Apr. 1, 2015) (the case has been transferred to a … Continue Reading

Important Circuit Court Ruling Limits Scope of VPPA Liability

The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with respect to the rental or purchase of movies on VHS videotape, and which has been regularly applied to streaming … Continue Reading

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s decision to allow a suit to proceed against classified service Backpage.com surrounding the sexual assault of several minors by adult customers … Continue Reading

Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration pursuant to a clause contained in the agreement. (Whitt v. Prosper Funding LLC, 2015 WL 4254062 (S.D.N.Y. July 14, 2015)). … Continue Reading

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block.  Nine consumer advocacy groups withdrew from the National Telecommunications and Information Administration (NTIA)-initiative due to a lack of consensus on a minimum standard of consent.  The NTIA initiative had been ongoing since early 2014.  … Continue Reading

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract.  This issue comes up regularly when informality creeps into negotiations conducted electronically, bringing up the age-old problem that has likely been argued before judges for centuries: one party thinks “we have a deal,” … Continue Reading

New York Releases Final BitLicense Rules

Readers of this blog will know that we have been following the recent legal developments relating to bitcoin and other virtual currency systems [also here and here].  Yesterday, in a significant development reflecting the general maturation of virtual currencies as a recognized payment system, Benjamin M. Lawsky, Superintendent of the New York State Dept. of Financial … Continue Reading

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.”  As part of this implicit bargain, Title II of the DMCA offers safe harbors for qualifying service providers to limit their liability … Continue Reading

Emergence of Live Streaming Apps Brings Up Copyright, Privacy, Legal Concerns

The big fight may be over, but the implications of Mayweather vs. Pacquiao with respect to real-time, one-to-many streaming of video through apps like Meerkat and Periscope are still rippling through the media industry. In short, livestreaming apps allow anyone with a smartphone to effortlessly broadcast live video to social media followers and the wider … Continue Reading

U.S. Dept. of Commerce Releases Multistakeholder Guidance on DMCA Notice and Takedown Best Practices

On Tuesday, the U.S. Dept. of Commerce’s Internet Policy Task Force released a guidance containing a list of best practices (and notable “bad” practices), all designed to improve the DMCA’s notice and takedown system for both senders and recipients of notices [See “DMCA Notice-and-Takedown Processes: List of Good, Bad, and Situational Practices”]. The document was … Continue Reading

FCC Adopts Net Neutrality Rules, Reclassifies Broadband Access under Title II

After nearly 4 million public comments, and months of vigorous public, industry, and Congressional debate, the FCC, by a 3-2 vote, approved revised net neutrality rules to “protect the Open Internet.”  As expected by the Chairman’s statements in the lead-up to the vote, the FCC’s Open Internet Order reclassifies broadband internet access as a “telecommunications … Continue Reading

Virginia Court Dismisses Webcaster’s Suit Concerning Geofencing Workaround to Copyright Royalty Obligations

We previously wrote about a Virginia federal magistrate judge’s report recommending dismissal of a declaratory judgment action brought by several radio stations asking the court to rule that webcasts limited in scope via geofencing technology to 150 miles from the site of the transmitter should be exempt from liability for copyright royalties under section 114 of the … Continue Reading

QVC Sues Shopping App for Web Scraping That Allegedly Triggered Site Outage

Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from their sites, often by competitors or others in related businesses.  The practice, usually referred to as screen scraping, web harvesting, crawling or spidering, has been the subject of many questions and a fair amount of litigation over … Continue Reading

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate the accounts of broadband subscribers who were purportedly repeat infringers that had unlawfully downloaded copyrighted music from BitTorrent sites. (BMG Rights Management (US) … Continue Reading

California Supreme Court Denies Review of Ruling Allowing Restaurant Owner’s False Advertising Claims to Proceed Against Yelp

On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL 3661491 (Cal. App. July 24, 2014), which allowed a restaurant owner to proceed with false advertising and other claims against the consumer review site Yelp based upon Yelp’s marketing claims regarding … Continue Reading
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