by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
In a 1964 decision, the Supreme Court established that truth is an absolute defense against defamation. New York Times Co. v. Sullivan, 376 U.S. 254 (1964). However, for parties involved in defamation suits, it is similarly important to know about the affirmative...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Cyberbullying occurs when one person repeatedly uses information technology such as blogs, chat rooms, cell phones, e-mails or instant messaging to deliberately threaten, harass or intimidate another person(s). Cyberbullying also includes cyberstalking; sending...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Whereas many Internet defamation cases involve anonymous defendants, there are many situations in which a plaintiff wants to remain anonymous. For example, a victim of defamatory comments of a sexual nature may wish to remain anonymous to avoid public humiliation. In...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. Tasini v. AOL Inc., 851 F.Supp.2d 734,...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Many Americans are able to go online, enter their address into Google and zoom-in on the ensuing map so closely that they can see an image of their own home. This obviously raises invasion of privacy concerns. In 2010, that question was proposed to the United States...
by Gary Nissenbaum | Aug 4, 2016 | Internet Law Blog
Recently, there has been a virtual tsunami of articles about the so-called hidden dangers of using the Pokémon GO app. The vast majority of them concern potential violations of the privacy rights of both consumers and landmark-owners. The media’s Chicken Little-like...
