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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Last week, Democratic Senators Ron Wyden and Sherrod Brown and Congresswoman Anna Eshoo sent a letter to FTC Chairman Joseph J. Simons urging the agency to investigate whether analytics firm Envestnet, Inc. (which operates Yodlee) was violating the FTC Act. According to the letter, Yodlee is the largest consumer financial data aggregator in the United … Continue Reading
In an interview with the editorial board of the New York Times, published today, former Vice President Joe Biden advocated for repeal of Section 230 of the Communications Decency Act (CDA). As readers of this blog may know, the CDA offers service providers protections that underpin the hosting of much of the user-generated content (both … Continue Reading
On January 7, 2019, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced its 2020 examination priorities. In doing so, OCIE identified certain areas of technology-related concern, and in particular, on the issue of alternative data and cybersecurity. [For a more detailed review of OCIE’s exam priorities, see the Client Alert … Continue Reading
On January 7, 2019, the federal Office of Management and Budget (OMB) released a draft of a memorandum setting forth guidance to assist federal agencies in developing regulatory and non-regulatory approaches regarding artificial intelligence (AI). This draft guidance will be available for public comment for sixty days, after which it will be finalized and issued … Continue Reading
It is that time of year when we look back to see what tech-law issues took up most of our time this year and look ahead to see what the emerging issues are for 2020. Data: The Issues of the Year Data presented a wide variety of challenging legal issues in 2019. Data is solidly … Continue Reading
Recently, the Ninth Circuit reinstated a $460,000 jury verdict against print-on-demand site Zazzle, Inc. (“Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored important DMCA safe harbor issues for online print-on-demand services. (Greg Young Publishing, Inc. v. Zazzle, Inc., No. 18-55522 (9th Cir. Nov. 20, 2019) (unpublished). The … Continue Reading
With the online shopping season in full swing, the FTC decided that online retailers might benefit from a reminder as to the dos and don’ts for social media influencers. Thus, the FTC released a new guide, “Disclosures 101 for Social Media Influencers,” that reiterates its position about the responsibility of “influencers” to disclose “material” connections … Continue Reading
Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media … Continue Reading
The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and seizure that implicates the Fourth Amendment, regardless of any reasonable expectations of privacy. (Mobley v. State, No. S18G1546 (Ga. … Continue Reading
On October 11, 2019, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web … Continue Reading
UPDATE: On October 14, 2019, the parties entered into a Joint Stipulation dismissing the case, with prejudice. It appears from some reports that Stackla’s access to Facebook has been reinstated as part of the settlement. UPDATE: On September 27, 2019, the California district court issued its written order denying Stackla’s request for a TRO. In … Continue Reading
In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the court was whether once hiQ Labs, … Continue Reading
In the swirl of scrutiny surrounding the big Silicon Valley tech companies and with some in Congress declaiming that Section 230 of the Communications Decency Act (CDA) should be curtailed, 2019 has quietly been an important year for CDA jurisprudence with a number of opinions enunciating robust immunity under CDA Section 230. In particular, there … Continue Reading
UPDATE: On August 23, 2019, the Third Circuit granted Amazon’s petition for rehearing en banc in the Oberdorf case. As per the order, the opinion dated July 3, 2019 is vacated. In early July, an appeals court ruled that Amazon should be considered a “seller” of goods under Pennsylvania products liability law and subject to strict liability … Continue Reading
This week, the FTC entered into a proposed settlement with Unrollme Inc. (“Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes. The FTC alleged that Unrollme made certain deceptive statements to consumers, who may have had privacy concerns, to persuade them to … Continue Reading
In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that the class was properly certified. (Patel v. Facebook, Inc., No. 18-15982 (9th Cir. Aug. 8, 2019)). Given the California district court’s … Continue Reading
In recent years, there have been a number of suits filed in federal courts seeking to hold social media platforms responsible for providing material support to terrorists by allowing members of such groups to use social media accounts and failing to effectively block their content and terminate such accounts. As we’ve previously written about, such … Continue Reading
In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court decisions examining the potential liabilities for unwanted scraping and website access. (Ticketmaster L.L.C. v. Prestige Entertainment West Inc., No. … Continue Reading
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to “clickwrap” and “browsewrap” website terms of use. In Southwest Airlines Co. v. Roundpipe, LLC, No. 18-0033 (N.D. Tex. Mar. 22, 2019), a … Continue Reading
In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third party content. The beat goes on, as in late May, a Utah district court ruled that the Tor Browser, which allows for anonymous communications … Continue Reading
Last month, a California district court granted a web-based service’s motion to compel arbitration of a putative class action brought by a user whose personal information was allegedly accessed in a massive 2016 data breach that involved 339 million user accounts. (Gutierrez v. FriendFinder Networks Inc., No. 18-05918 (N.D. Cal. May 3, 2019)). While the … Continue Reading
Today, the Georgia Supreme Court is set to hear oral argument in an appeal brought by a defendant convicted of vehicular homicide and other charges related to a fatal car crash. (Mobley v. State, No. S18C1546). The defendant is appealing the lower court’s order that denied his motion to suppress evidence that was downloaded and … Continue Reading
During the 2016 election, certain Russian operatives used fake social media profiles to influence voters and also created bot accounts to add likes to and share posts across the internet. And more recently, in January 2019, the New York Attorney General and Office of the Florida Attorney General announced settlements with certain entities that sold … Continue Reading
Yesterday’s Wall Street Journal featured a substantial article on the growth of quantum computing, and the risks and opportunities it presents. It is a thoughtful article, and a must-read for people interested in the area. We have been working with clients in the area, and identified it as an area of increasing importance in our … Continue Reading
Members of Congress Request FTC Investigation of Financial Data Company’s Collection and Privacy Practices
By Jeffrey Neuburger on Posted in Mobile, Online Commerce, Privacy
Repeal of CDA Section 230?
By Jeffrey Neuburger on Posted in Internet, Online Content
In Outlining Its 2020 Examination Priorities, SEC Expresses Interest in Alternative Data and Cybersecurity Risks
White House Releases Proposed Guidance for the Regulation of AI
By Jeffrey Neuburger on Posted in Regulatory, Technology
Reflections on 2019 in Technology Law, and a Peek into 2020
Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated
By Jeffrey Neuburger on Posted in Copyright, Internet, Online Commerce
Retailer Reminder: FTC Releases Guidance for Social Media Influencers
By Jeffrey Neuburger on Posted in Internet, Online Content, Regulatory, Social Media
Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision
Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World
By Jeffrey Neuburger on Posted in Autonomous Cars, Privacy, Technology
LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision
hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case
By Jeffrey Neuburger on Posted in Internet, Online Content, Screen Scraping, Social Media
In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available Website Data
Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and Notification Tools Do Not Make Social Site the Developer of User Posts
By Jeffrey Neuburger on Posted in Internet, Online Content, Social Media
Recent Rulings Highlight Limits of CDA Immunity in Products Liability Cases against E-Commerce Platforms
By Jeffrey Neuburger on Posted in Internet, Online Commerce, Online Content
Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of Subscribers’ Email Accounts
By Jeffrey Neuburger on Posted in E-mail, Online Commerce, Privacy, Regulatory
Finding Article III Standing, Ninth Circuit Declines to Do an About-Face in Illinois Biometric Privacy Class Action against Facebook
By Jeffrey Neuburger on Posted in Biometrics, Mobile, Privacy, Social Media
Facebook Shielded by CDA Immunity against Federal Claims for Allowing Use of Its Platform by Terrorists
By Jeffrey Neuburger on Posted in Internet, Online Content, Social Media
Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots
By Jeffrey Neuburger on Posted in Copyright, Online Commerce, Screen Scraping
Web Scraping Decisions Consider Contract Cause of Action
By Jeffrey Neuburger on Posted in Contracts, Internet, Screen Scraping
Locksmiths Locked Out: Court Affirms Immunity for Use of Tools That Portray Third-Party Content Pictorially or as an Aggregate Metric
By Jeffrey Neuburger on Posted in Internet, Online Content
Browsewrap Terms Enforced Due to Customer Knowledge of Existence of Terms
By Jeffrey Neuburger on Posted in Contracts, Data Security, Social Media
Fourth Amendment Appeal before Georgia Supreme Court over Airbag Crash Data Could Have Implications for Autonomous Cars and Related Technologies
By Jeffrey Neuburger on Posted in Autonomous Cars, Privacy, Technology
Get All of Your Bots in a Row: 2018 California Bot Disclosure Law Comes Online Soon
By Jeffrey Neuburger on Posted in Internet, Legislation, Online Commerce, Online Content, Technology
Quantum Computing in the News
By Jeffrey Neuburger on Posted in Quantum Computing, Technology
