Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

New Media and Technology Law

In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service.

New York State Court Declines to Compel Arbitration, Cites Purported Ambiguities in Mobile Contracting Process

New Media and Technology Law

Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed. Contracts Mobile arbitration clickwrap agreement mobile contracting mobile user interface

LexBlog Upgrades Publishing Platform to Enhance Mobile Performance and Ranking of Blogs

Media Law

LexBlog today is rolling out a major enhancement of its publishing platform that should mean its customers’ blogs will load significantly faster on mobile devices, rank higher in search results, and display better on certain social media platforms such as Twitter and LinkedIn.

At #ClioCloud9, Clio Announces New Features and a New Mobile App

Media Law

At the Clio Cloud Conference in San Diego today, Clio announced new features for its practice management platform and a new app for mobile devices. New Clio Mobile App. Service-only discounts allow firms to selectively apply discounts with minimal steps.

FCC Requests Public Comment On Proposal To Expand Access To Mobile Wireless Services On Aircraft

Media Law Prof Blog

The FCC is accepting public comments on its proposal to expand access to mobile wireless services on aircraft in flight. According to a press release dated December 12, 2013, the FCC has initiated a proceeding to consider a proposal that

Mobile App VPPA Suit Survives Spokeo Standing Challenge

New Media and Technology Law

a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the watched video to a third-party analytics company to create user profiles for the purposes of targeted advertising, in violation of the Video Privacy Protection Act (VPPA). Mobile Privacy Video Video Privacy Protection Act Article III standing mobile app VPPAIn Yershov v.

City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data

New Media and Technology Law

The Privacy Policy also states that: “We may aggregate or otherwise alter information (including location information) that is collected from the Services so that it does not identify your device and cannot reasonably be linked to your device.

Integreon Launches Service for Rapid Response to Cyber Incidents

Media Law

A Cyber Incident Response (CIR) Service launched today by global legal services provider Integreon is intended to help law firm and corporate security cyber-security professionals accomplish that quickly and accurately.

Locational Tracking on iOS and Android Devices: Check the Platform’s Rules!

New Media and Technology Law

It is unclear whether Congress will pass a federal privacy law that addresses these mobile privacy issues. In this evolving landscape, app developers and users of mobile-gathered locational data should be sure to stay current on platform contractual requirements and legislative developments.

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Canadian Radio-television and Telecommunications Commission: Broadband Service a Basic Service

Media Law Prof Blog

Jean-Pierre Blais, head of the Canadian Radio-television and Telecommunications Commission (CRTC), announced today that access to a minimum level of fixed broadband and mobile speed is a basic service for all Canadians.

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Lawyers Diary is Now Online and Mobile

Media Law

25, Lawyers Diary introduced LDMmobile, a mobile version compatible with iPhones, iPads and Android devices. It lets you search from wherever you are for lawyers, courts, government agencies and legal support services. LDMmobile gives you access to the directory from your mobile phone.

Internal Mobility: How Learning and Internal Promotions beat Hiring from the Outside

Pathgather

He wrote a paper titled Paying More to Get Less: The Effects of External Hiring versus Internal Mobility. He said internal mobility ultimately has three main benefits: Higher performance “Because people have experience in the organization already, they can hit the ground running much better,” Bidwell said. Less costly “Internal mobility is cheaper,” Bidwell said. Data prove the need The data makes clear the need for greater internal mobility.

Activating the FM Chip in Mobile Phones – As Blackberry Steps Up, a Policy and Product Review

Broadcast Law Blog

While I listen to Internet radio and use digital music services, I also still really enjoy listening to over-the-air radio. Of course, being a lawyer, the whole question of activating FM chips in mobile phones brings up policy issues, as it has been in and out of many policy arguments over the last few years. The app gives radio a user interface as good or better than that enjoyed by many digital music services available on mobile platforms.

Apple X’s Face ID Feature Places Spotlight on Facial Recognition Technology, Raising Numerous Mobile Privacy and Data Usage Issues

New Media and Technology Law

As far as I know, Apple has not made any specific statements about whether facial capture data will be available to apps, except as a replacement for older iPhone’s Touch ID function that allows users, among other things, to use Apple Pay or log into protected apps such as for mobile banking (which presumably will be able to be opened now with a look, instead of a touch). Biometrics Mobile Privacy Technology authentication Face ID Facial recognition phone unlocking

DOJ Files Lawsuit To Prevent AT&T Acquisition Of T-Mobile

Media Law Prof Blog

The Department of Justice has filed a suit to prevent AT&T from acquiring T-Mobile, and thus, according to DOJ's statement, "substantially lessen[ing] competition for mobile wireless telecommunications services across the United States, resulting in higher prices, poorer quality services, fewer

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

New Media and Technology Law

227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages between $500 and $1,500 per violation). Even as companies strive to offer users new services and social applications that facilitate communication and streamline e-commerce transactions, they are rightfully concerned they might misinterpret some provision of the TCPA and face a class action suit. An Important Issue for Text-Message Marketers.

Site Lets Lawyers Build Their Own Mobile Apps

Media Law

The site describes its service this way: You can start building your app online using our custom templates. Your clients will appreciate the service as it allows them to contact you faster to access your latest promotions and services. A sample shown on the site.

Digital Currency App’s Electronic User Agreement Held Enforceable

New Media and Technology Law

In a recent blog post, we wrote about how the Second Circuit found the arbitration clause in a web service’s terms and conditions unenforceable because the user did not have reasonable notice of the terms that were communicated via a hyperlink in a post-sale email.

FCC Authorizes Mobile DTV Receivers Without Analog Tuners - Further Signals of the End of Analog LPTV, and Raises Questions of Recapture of TV Spectrum for Broadband

Broadcast Law Blog

Last week, the FCC's Media Bureau granted waivers of the requirement that television tuners be capable of receiving both analog and digital television transmissions , but only with respect to tuners meant for mobile use. The FCC justified the waivers of the All Channel Receiver Act given the technological constraints that an analog reception chip would put on mobile receivers meant for the reception of the Mobile/Handheld Digital Television Standard (A/153) signals.

THE FUTURE IS MOBILE

Entertainment Law Resources Blog

I recently attended the NATPE Mobile ++ conference in Las Vegas to find out how the ability to watch content on mobile devices will change the motion picture and television industry. I learned that there are now more mobile phones in the U.S.A. However, only 10 percent of those mobile phones have the capability to exhibit video footage. And only 10 percent of those capable are actually using their phones and mobile devices to watch such content.

THE FUTURE IS MOBILE

Entertainment Law Resources Blog

I recently attended the NATPE Mobile ++ conference in Las Vegas to find out how the ability to watch content on mobile devices will change the motion picture and television industry. I learned that there are now more mobile phones in the U.S.A. However, only 10 percent of those mobile phones have the capability to exhibit video footage. And only 10 percent of those capable are actually using their phones and mobile devices to watch such content.

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

New Media and Technology Law

Yet, one section of the CDA, §230 , remained intact and has proven to encourage the growth of web-based, interactive services. Over the last few years, website operators, search engines and other interactive services have enjoyed a relative stable period of CDA immunity under Section 230 of the Communications Decency Act (CDA) from liability associated with user-generated content. d) Obligations of interactive computer service. notice in a site’s terms of service)?

FCC Authorizes Mobile DTV Receivers Without Analog Tuners - Further Signals of the End of Analog LPTV, and Raises Questions of Recapture of TV Spectrum for Broadband

Broadcast Law Blog

Last week, the FCC's Media Bureau granted waivers of the requirement that television tuners be capable of receiving both analog and digital television transmissions , but only with respect to tuners meant for mobile use. The FCC justified the waivers of the All Channel Receiver Act given the technological constraints that an analog reception chip would put on mobile receivers meant for the reception of the Mobile/Handheld Digital Television Standard (A/153) signals.

How Accurate are Music Subscription Service Subscriber Numbers? — Music Tech Solutions

Music Technology Policy

All of you who subscribe to the New York Times , fly Quantas , use any of a number of mobile carriers or who are in the 6th month of your third Spotify 90 day free trial may be interested in this post. via How Accurate are Music Subscription Service Subscriber Numbers?

Pandora Gets Subpoena About Mobile App - Privacy, the Next Big Issue for Digital Media Companies

Broadcast Law Blog

This past week, we saw Pandora announce that it has received a subpoena from a Federal grand jury in connection with an investigation into the use of information collected from various mobile apps, and whether users of these apps were aware of the use of their private information. Others simply don't like the idea that information about them is being gathered for someone else's financial gain (even though that gain is being used to pay for the service that the user is enjoying).

Verizon Wireless Files RICO Suit against Mobile Marketers, Alleges Deception and Fraud in Evasion of MMA Guidelines Requirements for Short Code Campaigns

New Media and Technology Law

Cellco Partnership, doing business as Verizon Wireless, filed a lengthy complaint on March 7, 2011, against mobile marketing entities that have conducted short code marketing campaigns on its network. The complaint alleges that these entities failed to comply with the Mobile Marketing Association’s Consumer Best Practices Guidelines for Cross Carrier Mobile Content Services , which Verizon incorporates into its standard contract provisions.

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

New Media and Technology Law

Indeed, Google itself is defending a putative class action alleging that the cloud-based Google Photos service violated BIPA by automatically uploading plaintiffs’ mobile photos and allegedly scanning them to create unique face templates (or “faceprints”) for subsequent photo-tagging without consent.

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Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of Subscribers’ Email Accounts

New Media and Technology Law

Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes. See also our prior post covering an enforcement action involving user geolocation data collected from a mobile weather app ). After scanning users’ e-receipt data (which might include billing and shipping addresses and information about the purchased products or services), Unrollme’s parent company, Slice Technologies, Inc.,

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching Implications for Cable and Other Broadband Providers

New Media and Technology Law

On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” AT&T Mobility LLC , No. Critically, the panel found that the “common carrier” exception to section 5 applies based on the status of the entity as a regulated common carrier, not whether the particular activities at issue are regulated common carrier services.

Technology that a Film Production Attorney Can Use to Improve Service Delivery

Film and Television Law Blog

Unknown to most attorneys is that they can use these platforms to market their services. Did you know that you could use the internet to market your services without spending a fortune? Finally, you can engage a mobile app developer to create an app for your customers.

DTV Station Reminder: FCC Form 317 Reporting of Ancillary Services Due Dec. 1st

Broadcast Law Blog

By December 1, 2009 , all commercial and noncommercial digital television (DTV) stations must electronically file an FCC Form 317 with the Commission reporting on whether the station has provided any ancillary and supplementary services over their digital spectrum during the twelve-month period ending on September 30, 2009. If the station did provide such ancillary services, then the FCC wants to know about it.

Ending Data Scraping Dispute, Craigslist Reaches $31M Settlement with Instamotor

New Media and Technology Law

And craigslist recently reached a $31 million settlement and stipulated judgment with Instamotor, an online and app-based used car listing service, over claims that Instamotor scraped craigslist content to create listings on its own service and sent unsolicited emails to craigslist users for promotional purposes. ( Craigslist, Inc. Mobile Online Content Screen Scraping injunction judgment mobile app screen scraping spam web scraping

Finding Article III Standing, Ninth Circuit Declines to Do an About-Face in Illinois Biometric Privacy Class Action against Facebook

New Media and Technology Law

Based on patent filings, Facebook is considering other commercial uses for facial recognition technology beyond photo tagging, so Facebook’s harnessing of its faceprint database seems to be a continuing part of its future suite of services, thus making the resolution of this litigation even more noteworthy. Biometrics Mobile Privacy Social Media biometric privacy BIPA class action federal standing photo tagging

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User of Free App May Be “Consumer” under the Video Privacy Protection Act

New Media and Technology Law

This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line regarding VPPA liability when it comes to mobile apps. (See Subject to certain exceptions, the VPPA prohibits “video tape service providers” from knowingly disclosing, to a third-party, “personally identifiable information concerning any consumer.”

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User of Free App May Be “Consumer” under the Video Privacy Protection Act

New Media and Technology Law

This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line regarding VPPA liability when it comes to mobile apps. (See Subject to certain exceptions, the VPPA prohibits “video tape service providers” from knowingly disclosing, to a third-party, “personally identifiable information concerning any consumer.”

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FCC Rejects Request by Low Power Television Broadcaster to Test Technology to Enable Broadband Service Over Broadcast Spectrum

Broadcast Law Blog

As has been well known and discussed for at least the last decade, the ATSC standard chosen for digital television broadcast service in the United States is not ideal for mobile service and is not well suited for two-way broadband service. Last week the FCC rejected a request by a low power television broadcaster seeking an experimental license to test a technology that would allow broadcast television stations to provide broadband access.

Important Circuit Court Ruling Limits Scope of VPPA Liability

New Media and Technology Law

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. 9, 2015), that a person who downloads and uses a free mobile app to view freely available content, without more, is not a “subscriber” (and therefore not a “consumer”) under the VPPA. Under the VPPA, the term “consumer” means any “renter, purchaser, or subscriber of goods or services from a video tape service provider.”

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

New Media and Technology Law

This amendment had the potential to drastically affect the current litany of lawsuits lodged against technology companies over their photo-tagging services. The use of facial recognition technology by certain web and mobile services with social aspects has become an emerging concern in the past year. Such an amendment would effectively abrogate BIPA claims related to the collection of user faceprints by online services.

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

New Media and Technology Law

This amendment had the potential to drastically affect the current litany of lawsuits lodged against technology companies over their photo-tagging services. The use of facial recognition technology by certain web and mobile services with social aspects has become an emerging concern in the past year. Such an amendment would effectively abrogate BIPA claims related to the collection of user faceprints by online services.

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

New Media and Technology Law

In the latest ruling, an Illinois district court refused to dismiss a putative class action alleging that the cloud-based Google Photos service violated BIPA by automatically uploading plaintiffs’ mobile photos and allegedly scanning them to create unique face templates (or “faceprints”) for subsequent photo-tagging without consent. ( Rivera v. Biometrics Mobile Privacy biometric privacy biometrics Facial recognition Illinois Biometric Information Privacy Act photo tagging

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design Decisions

New Media and Technology Law

federal court ruled that an Airbnb user who signed up on a mobile device had assented to the service’s Terms and was bound to arbitrate his claims. Contracts Internet Online Commerce arbitration clickwrap agreements e-commerce Electronic Contracting website terms of service

California Legislature Nearing Final Debate of Biometric and Geolocation Data Security Bill

New Media and Technology Law

Though, as it is currently drafted, the bill would presumably cover, for example, precise geolocation data collected and maintained by certain mobile apps or fitness devices, as well as biometric data “used to authenticate a person,” which would appear to include the faceprints collected and used by social media and photo storage services for photo tagging purposes. Biometrics Data Security Legislation Mobile A.B.

Grooveshark to Shut Down

THR, Esq. Entertainment & Media Law Blog

The music streaming service agrees to settle with the major labels and is "wiping its servers of all the record companies’ music, and surrendering ownership of its website, mobile apps and intellectual property."