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Consumer Review Fairness Act Signed Into Law

President Barack Obama recently signed the Consumer Review Fairness Act into law. The newly passed law, signed on December 14, 2016, has three main functions. First, it voids provisions in form contracts that limit a person’s right to publish genuine negative reviews online. Second, it voids clauses threatening penalties or fines against the...

How to Remove Search Results Linking to False and Defamatory Content

When people want to learn about a product, service, company or professional, they often go straight to the internet. And, unsurprisingly, a large percentage of people are going directly to search engines. According to PwC’s 2015 Total Retail Survey, of the more than 19,000 people the company surveyed worldwide, 56...

Subpoenas, Court Orders and the ‘Cable Privacy Act’: Identifying Anonymous Online Posters

We have written about subpoenaing internet service providers (ISPs) for identifying information relating to internet protocol (IP) addresses used by their subscribers.  In that post, we mentioned that securing identifying information from cable operator ISPs generally requires obtaining a court order authorizing disclosure of the subscriber information. To briefly illustrate,...

Online Copyright Infringement and the DMCA Subpoena

Ordinarily, serving a subpoena to identify an anonymous internet poster requires first filing a lawsuit. In fact, we have published several posts about using subpoenas to identify unknown authors of internet defamation and have explained that the first step in the process is filing a complaint against the unknown poster. There...

Devanney to Lead “How to Remove Defamation, Negative Reviews, and Other Damaging Content from the Internet” Webinar

Colleen Devanney, who heads up Vorys’ internet defamation practice, is leading an upcoming online webinar presentation on defamation removal on Wednesday, July 27, 2016 at 3:00 ET. The webinar—entitled “How to Remove Defamation, Negative Reviews, and Other Damaging Content from the Internet”–will run approximately 75 minutes. A full course description...

How to Stop (and Remove) Online Impersonations on Social Media, Other Websites

Professionals and companies are being harmed online and on social media in a number of ways. One increasingly common form of online harassment is impersonation of the person (or company) that the harasser is intending to harm through the creation of fake public personas on social media platforms or websites. Major...

False, Negative Online Reviews Challenge Health Care Professionals and Health Care Providers

Online reviews affect nearly every industry, and health care is certainly one of them. What differentiates health care, in this context, is the Health Insurance Portability and Accountability Act of 1996, or HIPAA. Under HIPAA, a federal privacy law, health care professionals and providers are not allowed to disclose certain...

Order Requiring Non-Party Yelp to Remove Defamatory Reviews Affirmed by California Appellate Court

A California appellate court recently affirmed a lower court’s decision to require Yelp to remove three defamatory reviews. The First Appellate District did, however, remand the case to the trial court to narrow the terms of the removal order, which ordered Yelp to also remove potential future reviews. The court...

Order Requiring Non-Party Yelp to Remove Defamatory Reviews Affirmed by California Appellate Court

A California appellate court recently affirmed a lower court’s decision to require Yelp to remove three defamatory reviews. The First Appellate District did, however, remand the case to the trial court to narrow the terms of the removal order, which ordered Yelp to also remove potential future reviews. The court...

Utilizing IP Addresses to Subpoena Internet Service Providers (ISPs)

The majority of online defamation is posted anonymously or pseudonymously. Thus, many cases require issuing subpoenas—including to internet service providers (ISPs)—to identify the unknown posters. This process often involves obtaining internet protocol (IP) addresses from an entity, in response to an initial subpoena; determining the ISPs that own the respective IP addresses...