June 14, 2021 | New York Law Journal
Here's How the FTC Is Tackling Emerging TechnologyA wide range of federal and state authorities are involved in the regulation of emerging technologies in one way or another. As Shari Claire Lewis explores in this edition of her Internet Issues/Social Media column, perhaps no federal or state entity is more focused on the plethora of legal issues raised by new innovations than the Federal Trade Commission.
By Shari Claire Lewis
10 minute read
April 19, 2021 | New York Law Journal
Circuit Issues New §230 Ruling as Law's Future Remains UncertainIn this edition of her Internet Issues/Social Media column, Shari Claire Lewis briefly describes the state of Communications Decency Act §230 in the Second Circuit, focusing on §230(c)(1), and explores the court's recent decision in 'Domen v. Vimeo', a rare decision involving CDA §230(c)(2), and its implications.
By Shari Claire Lewis
9 minute read
February 11, 2021 | New York Law Journal
'Unauthorized Access' Can Be Key in Computer Fraud CasesWhether and to what extent the Computer Fraud and Abuse Act may be applied in other cases of arguably "unauthorized access," particularly against business insiders such as employees who exceed their authority, is a question that has divided courts across the country and is currently before the U.S. Supreme Court in 'Van Buren'. In this edition of her Internet Issues/Social Media column, Shari Claire Lewis discusses the Act, lower court rulings and the implications of Supreme Court resolution to the issue.
By Shari Claire Lewis
9 minute read
December 14, 2020 | New York Law Journal
Data Breaches and Privacy Challenges: A Pandemic Year in ReviewIn her Internet Issues/Social Media column, Shari Claire Lewis writes: The breadth of recent cyber incidences reflects more than just the problems of securing work-from-home technology, interference with Zoom conference calls, and system vulnerabilities that existed even before COVID-19. Indeed, they essentially are a 2021 blueprint for the kinds of privacy issues that companies may best be advised to focus on, and that legislators and regulators in New York and elsewhere across the country may seek to address.
By Shari Claire Lewis
10 minute read
October 19, 2020 | New York Law Journal
Contact Tracing Raises Privacy Issues for Businesses to ConsiderOne of the most powerful tools available to fight COVID-19 is known as "contact tracing," which has long been used to limit the spread of everything from tuberculosis and measles to HIV and Ebola, writes Internet Issues/Social Media columnist Shari Claire Lewis.
By Shari Claire Lewis
9 minute read
August 17, 2020 | New York Law Journal
Fighting Business Email Compromise Fraud in the COVID EraFor as long as companies have used internet applications, private and publicly owned businesses, law firms and other professional services organizations, and even public entities have faced potentially devastating financial harm and loss of public good will from "business email compromise" (BEC) fraud, writes Internet Issues/Social Media columnist Shari Claire Lewis.
By Shari Claire Lewis
10 minute read
June 15, 2020 | New York Law Journal
Facing a Flood of BIPA Lawsuits: Lessons Can be Learned From StatuteAlthough BIPA is an Illinois statute, it is widely depended on as a predicate for class actions concerning assertions of privacy rights filed in New York and elsewhere, Shari Claire Lewis discusses in her column.
By Shari Claire Lewis
10 minute read
December 16, 2019 | New York Law Journal
FTC Acts on Online Privacy, With State Laws LoomingOver the past month or so, the FTC took a number of notable privacy-related actions against a host of companies regarding what it considered to be their problematic online activities. Many states have passed or carried over a patchwork of privacy legislation for consideration in their next legislative session, including 25 pieces of privacy legislation that are pending in New York state alone. In her Internet Issues/Social Media column, Shari Claire Lewis discusses these recent developments.
By Shari Claire Lewis
11 minute read
October 11, 2019 | New York Law Journal
EU's Top Court Limits 'Right To Be Forgotten'The EU's highest court, the Court of Justice of the European Union, recently issued a decision limiting a "de-referencing" obligation and declaring that the right to be forgotten is not "absolute." After briefly discussing the right to be forgotten and the de-referencing obligation, Shari Claire Lewis, in this Internet Issues/Social Media column, reviews the CJEU's ruling and explore its implications.
By Shari Claire Lewis
10 minute read
August 19, 2019 | New York Law Journal
Facebook Finds Refuge in §230, at Least for NowIn her Internet Issues/Social Media column, Shari Claire Lewis discusses a recent Second Circuit ruling that Communications Decency Act §230(c)(1) shielded Facebook from civil liability for claims brought under federal law by U.S. citizen victims, and their representatives, of certain terrorist attacks committed by Hamas in Israel. The decision amounted to a big victory for Facebook and, implicitly, for other social media platforms. However, there may be political will to amend §230(c)(1) to weaken the immunity it affords online publishers such as Facebook, which could limit the effect of the decision.
By Shari Claire Lewis
9 minute read
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