Balough
December 7, 2013
A Georgia statute that criminalized telephone calls that were indecent, lewd, lascivious and filthy as well as obscene has been declared unconstitutional by that state’s supreme court. In McKenzie v. State, McKenzie was convicted of violating the statute for making a telephone call to a 14-year old girl while he was in prison. McKenzie was […]
Balough
December 7, 2013
A junk fax sender is not entitled to have its insurance company defend or indemnify when the sender is sued for sending unsolicited faxes. The sender, Capital Associates of Jackson County, Inc., was insured by American States Insurance Company. The policy covered “advertising injury.” Capital Associates was sued by JC Hauling Company as a class-representative when […]
Balough
December 7, 2013
Normally, the discovery rule allows the statute of limitations to start to run when a person knows or should have known of the injury. However, in a case in New York, a man was allowed to be added as a plaintiff three years after the statute of limitations had run because he never told his […]
Balough
December 7, 2013
Public libraries that receive government funding or discounts for Internet access must install software filters to block images that constitute obscenity or child pornography, the Supreme Court has ruled. The 6-3 decision in United States v. American Library Association, Inc., reverses the trial court that found the Children’s Internet Protection Act (CIPA) unconstitutional because it […]
Balough
December 7, 2013
Use of the Hershey’s and Mrs. Fields Original Cookies websites by children has turned into a bitter experience for both companies. Each company recently entered into a consent decree with the Federal Trade Commission (FTC) for alleged violations of the Children’s Online Privacy Protection Act (COPPA) because they were collecting personal information from children without […]
Balough
December 7, 2013
A federal judge has ordered an Internet Service Provider (ISP) to turn over the identity of a person suspected by a recording industry association of pirating recordings on-line.The judge found that the Digital Millennium Copyright Act of 1998 (DMCA) gave copyright owners the right to obtain subpoenas to force ISPs to give them information on […]
