In the Courts: Carrier IQ, RIAA and Canadian Drugs

/ June 15, 2012

State Claim against Carrier IQ permitted to proceed

A federal judge in Los Angeles held that claims under California’s privacy law against Carrier IQ for keystroke logging on Androids and iPhones without consumer consent were not preempted by the Federal Wiretap Act.  The court explained.  Federal law is intended to establish minimum standards and not to preempt state laws that meet these standards; the long-standing view of the States and courts thatStates are free to enact legislation that is more restrictive than the federal law.

Supreme Court Refuses to Hear Appeal over $675K Judgment for Downloading 30 segments.

The Supreme Court refused to consider the appeal of Joel Tenenbaum for a $675,000 judgment against him for downloading 30 songs.   Charles Nesson, the founder of Harvard’s Berkman Center for Internet and Society, represents Tenenbaum and discussed the case which is far from over on Cyber Law and Business Report.

Canadian Online Pharmacy Pioneer Indicted in US

Andrew Strempler, the former head of RxNorth which sold prescriptions drugs from Canada into the U.S. was arrested for selling prescription drugs into the U.S. without ensuring their safety or authenticity.  Strempler faces 20 years in prison if convicted and the government is also seeking to recover at least $95 million in proceeds from his alleged conspiracy to sell unlicensed or illegal drugs to U.S. customers, according to a grand jury indictment.  “It was the purpose of the scheme and artifice of the defendant to unlawfully enrich himself by selling prescription drugs to individuals in the United States, falsely representing that RxNorth was selling safe prescription drugs in compliance with the rules of regulatory authorities in Canada, the United Kingdom and/or the United States,” the indictment said.

More Info:   State Privacy Claims not Preempted by ECPA — Leong v. Carrier IQ, Technology & Marketing Law Blog;   CLBR Dosier on Tenenbaum Case; Canadian online pharmacy pioneer arrested in U.S., Reuters.

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