The U.S. Court of Appeals for the D.C. Circuit has now weighed in on whether plaintiffs can bring a putative class action arising from an alleged data breach in lieu of allegations of actual misuse of compromised data.  Emphasizing the “low bar to establish [] standing at the pleading stage,” the D.C. Circuit reversed a

“There are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera.  So we know that that is just a fact of modern life.”  Kellyanne Conway, March 12, 2017 Interview with New Jersey’s The Record.

Data from microwaves-turned-cameras has yet to appear in court, but data from other IoT

Earlier this week, a federal Illinois court dismissed a class action against book retailer Barnes & Noble that alleged breach of contract, invasion of privacy, and violations of state consumer fraud and breach reporting laws. The case, dismissed for failing to establish economic harm, marks another data point in demarcating actionable data breaches and highlights

… outside your main jurisdiction can have collateral consequences.

In Gunning v. Doe, 2017 WL 1739442 (Me. May 4, 2017), Maine’s highest court just dodged the issue of the applicable First Amendment test for the disclosure of an anonymous speaker accused of defamation.  Instead, it deferred to California’s test.  Why?  Collateral estoppel:  the defamation plaintiff lost her effort to subpoena a California website host for identifying information of the John Doe defendant, and that decision barred the plaintiff from relitigating the disclosure issue in Maine. 
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Yesterday, the Sixth Circuit heard an anonymous copyright infringement case of first impression. See Signature Management Team, LLC v. Doe, No. 16-2188 (6th Cir.). The issue: whether an adjudicated copyright infringer can remain anonymous.

The infringer said he can.

“John Doe” appeared in the case through counsel and defended against Signature’s infringement claim. He lost. But he maintained his right to anonymity under the First Amendment. According to Doe, a court should balance a defendant’s right to remain anonymous against a plaintiff’s need for the defendant’s identity at all stages of litigation, including post-judgment. And here, as the lower court held, Signature prevailed but it didn’t need Doe’s identity where no damages were sought and Doe agreed to cease the infringement.
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