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.
Serving as a collaborative business partner through our clients’ biggest challenges, Jeff is part of the Firm’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team helping to shape the guidance and next steps for clients impacted by the pandemic.
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The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform. On July 27, 2020, the Commerce Department submitted a petition requesting the FCC initiate a rulemaking to clarify the provisions of Section 230 of the … Continue Reading
Last week, hiQ Labs, Inc. (“hiQ”) filed its brief urging the Supreme Court to deny LinkedIn Corp.’s (“LinkedIn”) petition for a writ of certiorari in the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d 985 (9th Cir. 2019). The principal issue in the case concerns the scope of Computer Fraud and Abuse … Continue Reading
Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to intense criticism, including from politicians from both sides of the aisle. Many argue that the CDA has been … Continue Reading
In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of insurance quotes. (Compulife Software, Inc. v. Newman, No. 18-12004 (11th Cir. May 20, 2020)). The appellate … Continue Reading
President Trump signed an Executive Order today attempting to curtail legal protections under Section 230 of the Communications Decency Act (“Section 230” or the “CDA”). The Executive Order strives to clarify that Section 230 immunity “should not extend beyond its text and purpose to provide protection for those who purport to provide users a forum … Continue Reading
UPDATE: On the afternoon of May 28, 2020, the President signed the executive order concerning CDA Section 230. A copy/link to the order has not yet been posted on the White House’s website. According to news reports, the Trump Administration (the “Administration”) is drafting and the President is set to sign an executive order … Continue Reading
Late last month, the French data protection authority, the CNIL, published guidance surrounding considerations behind what it calls “commercial prospecting,” meaning scraping publicly available website data to obtain individuals’ contact info for purposes of selling such data to third parties for direct marketing purposes. The guidance is noteworthy in two respects. First, it speaks to … Continue Reading
This past March, many organizations were forced to suddenly pivot to a “work from home” environment (“WFH”) as COVID-19 spread across our country. However, many companies did not have the necessary technical infrastructure in place to support their full workforce on a WFH basis. Often, remote access systems were configured assuming only a portion of … Continue Reading
We continue to wait to see if the Supreme Court will accept LinkedIn’s petition to overturn the Ninth Circuit’s blockbuster ruling in the hiQ Labs case. In that case, the appeals court held that an entity engaging in scraping of “public” data had shown a likelihood of success on its claim that such access does … Continue Reading
In an innovative initiative in the battle against the Coronavirus, the newly-formed Open COVID Coalition (the “Coalition”) launched the Open COVID Pledge (the “Pledge”), a framework for organizations to contribute intellectual property to the fight against COVID-19. Pursuant to the Pledge, rightsholders can openly license intellectual property to facilitate the development of tools and technologies … Continue Reading
In recent years, courts have issued a host of rulings as to whether online or mobile users received adequate notice of and consented to user agreements or website terms when completing an online purchase or registering for a service. Some online agreements have been enforced, while others have not. In each case, judges have examined … Continue Reading
In early February 2020, before most of us were truly aware of the implications of COVID-19, a well-respected IT consulting group predicted a $4.3 trillion global spend on information technology in 2020. Drivers of the projected activity included cybersecurity, outdated infrastructure, mobile accessibility needs, cloud and SaaS transitions, and on-premises technology requirements. In late 2019, … Continue Reading
While Washington’s comprehensive data privacy bill (SB 6182) — inspired by California’s CCPA — died when legislators could not hammer out a compromise over enforcement mechanisms, the state legislature did reach agreement and Gov. Jay Inslee signed into law a facial recognition bill (SB 6280) that provides some important privacy and antidiscrimination provisions regarding state … Continue Reading
An interesting New York Times article last week posited that governments’ use of digital surveillance techniques for the COVID-19 response – such as the tracking of geolocation to gauge quarantine restrictions – would lead to more pervasive digital tracking in the future. On a related note, there have been reports of an increased use of … Continue Reading
Teami, LLC (“Teami”), a marketer of teas and skincare products, agreed to settle FTC charges alleging that its retained social media influencers did not sufficiently disclose that they were being paid to promote Teami’s products. The FTC’s Complaint also included allegations that Teami made unsupported weight-loss and health claims about its products, an issue that … Continue Reading
Despite continued scrutiny over the legal immunity online providers enjoy under Section 230 of the Communications Decency Act (CDA), online platforms continue to successfully invoke its protections. This is illustrated by three recent decisions in which courts dismissed claims that sought to impose liability on providers for hosting or restricting access to user content and … Continue Reading
This past week, LinkedIn filed a petition for a writ of certiorari asking the Supreme Court to overturn the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d 985 (9th Cir. 2019). The case concerned the scope of Computer Fraud and Abuse Act (CFAA) liability associated with web scraping of publicly … Continue Reading
With the spread of the novel coronavirus (COVID-19), many organizations are requiring or permitting employees to work remotely. This post is intended to remind employers and employees that in the haste to implement widespread work-from-home strategies, data security concerns cannot be forgotten. Employers and employees alike should remain vigilant of increased cybersecurity threats, some of … Continue Reading
As part of the response to the outbreak of COVID-19, many organizations are working on contingency and business continuity plans that include an all-employee “work-from-home” scenario. If it becomes necessary to implement such a plan, all employees of the organization will access the organization’s networks and systems remotely. Unfortunately, many organizations that are testing these … Continue Reading
In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm OneAudience LLC. (Facebook, Inc. v. OneAudience LLC, No. 20-01461 (N.D. Cal. Complaint filed Feb. 27, 2020)). Facebook alleges that OneAudience harvested … Continue Reading
Beyond the human toll of the current global health crisis, the coronavirus outbreak is having serious economic repercussions to the global economy and the supply chains on which it depends. Dun & Bradstreet reported, “at least 51,000 (163 Fortune 1000) companies around the world have one or more direct or Tier 1 suppliers in the … Continue Reading
As 2019 came to a close, we looked ahead into 2020 and noted that data would continue to be a huge issue for the digital economy. We have not been disappointed. On February 19, 2020, the European Commission (the “Commission”) released its 35-page document entitled “A European strategy for data,” becoming just the latest of many … Continue Reading
Epic Games, Inc. (“Epic”) is the publisher of the popular online multiplayer videogame Fortnite, released in 2017. In recent years, Fortnight has gained worldwide popularity with gamers and esports followers (culminating in July 2019 when a sixteen-year-old player won the $3 million prize for winning the Fortnite World Cup). Players, in one version of the … Continue Reading
The most typical case that implicates Section 230 of the Communications Decency Act (CDA) involves a provider that hosts content and a third party plaintiff seeking to have content removed. Last month, in a less typical case, a New York district court magistrate dismissed, with prejudice, discrimination and related claims against video-sharing website Vimeo, Inc. … Continue Reading
Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230
By Jeffrey Neuburger on Posted in Internet, Online Commerce, Online Content, Regulatory, Social Media
hiQ Files Opposition Brief with Supreme Court in LinkedIn CFAA Data Scraping Dispute
The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers
By Jeffrey Neuburger on Posted in Internet, Online Content, Social Media
Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation
By Jeffrey Neuburger on Posted in Licensing, Online Content, Screen Scraping, Software, Trade Secrets
President Signs Executive Order Directing Agencies to Probe the Contours of CDA Immunity
By Jeffrey Neuburger on Posted in Online Content, Regulatory, Social Media
President to Unveil Executive Order to Address CDA Section 230 Protections
By Jeffrey Neuburger on Posted in First Amendment, Online Content, Regulatory
French Data Protection Authority Speaks to Web Scraping
By Jeffrey Neuburger on Posted in Online Content, Privacy, Screen Scraping
Protecting Business Information Assets in the “Work From Home” Environment
By Jeffrey Neuburger on Posted in Contracts, Data Security, E-mail, Electronic Records, Mobile
Important Developments (Including Supreme Court Review) in the Interpretation of the Computer Fraud and Abuse Act
By Jeffrey Neuburger on Posted in Computer Fraud and Abuse Act, Contracts, Screen Scraping
Open COVID Pledge Rolled Out to Make Patents and Other IP Available for COVID-19 Response
By Jeffrey Neuburger on Posted in Contracts, Copyright, Licensing, Open Source, Software
Cluttered User Registration Screens Challenge Enforceability of Site Terms
By Jeffrey Neuburger on Posted in Contracts, Internet, Online Commerce
Work-Outs of Technology and Services Agreements Challenged by COVID-19
By Jeffrey Neuburger on Posted in Contracts, Licensing, Software, Technology
Washington Governor Signs Bill Addressing Government Use of Facial Recognition Technology
By Jeffrey Neuburger on Posted in Biometrics, Legislation, Privacy, Technology
Will the Role of Facial Recognition Grow in a Post-COVID-19 World?
By Jeffrey Neuburger on Posted in Biometrics, Privacy, Technology
FTC Paid Endorser Settlement Sets Framework for Advertiser Best Practices
By Jeffrey Neuburger on Posted in Contracts, Internet, Online Commerce, Social Media
Online Platforms Sidestep Claims over User Content Decisions and Social App Functions
By Jeffrey Neuburger on Posted in First Amendment, Internet, Online Content, Social Media
LinkedIn Files Petition to the Supreme Court in hiQ Web Scraping Case
Protecting against Cybersecurity Threats when Working from Home
By Jeffrey Neuburger, Ryan Blaney and Kevin Milewski on Posted in Data Security, Internet
Coronavirus and the “100% Work-From-Home” Scenario: Review Agreements with Vendors of Remote Access Technology
By Jeffrey Neuburger on Posted in Contracts, Software, Technology
Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization
By Jeffrey Neuburger on Posted in Contracts, Mobile, Privacy, Screen Scraping, Social Media, Software
The Coronavirus and Force Majeure Clauses
By Jeffrey Neuburger, Jordan M. Horowitz and Andrew Wingfield on Posted in Contracts
EU Releases “A European Strategy for Data”
By Jeffrey Neuburger on Posted in Legislation, Online Commerce, Regulatory, Social Media
Court Enforces Arbitration Clause in Online Terms of Service Accepted by a Minor
By Jeffrey Neuburger on Posted in Contracts, Data Security, Internet, Videogames
Video Sharing Site Protected by CDA Immunity for Removal of Poster’s “Objectionable Material”
By Jeffrey Neuburger on Posted in Internet, Online Content, Software
