Justia Internet Law Opinion SummariesArticles Posted in Supreme Court of Georgia
Kinslow v. Georgia
Jereno Kinslow's felony conviction for computer trespass was premised on evidence that Kinslow altered his employer’s computer network settings so that e-mail messages meant for Kinslow’s boss would also be copied and forwarded to Kinslow’s personal e-mail account. The Court of Appeals affirmed Kinslow’s conviction, and the Georgia Supreme Court granted Kinslow’s petition for certiorari, posing the question of whether Kinslow’s conduct constituted a violation of OCGA 16-9-93 (b)(2). The Court found that although the statute in general was extremely broad, the portion of (b)(2) on which the State exclusively relied did not reach Kinslow’s conduct. Accordingly, the Supreme Court concluded the evidence presented at Kinslow’s trial was insufficient to support his conviction under Jackson v. Virginia, 443 U.S. 307 (1979), and thus reversed. View "Kinslow v. Georgia" on Justia Law
Collins et al. v. Athens Orthopedic Clinic, P.A.
Plaintiffs alleged in 2016, an anonymous hacker stole the personally identifiable information, including Social Security numbers, addresses, birth dates, and health insurance details, of at least 200,000 current and former patients of Athens Orthopedic Clinic (“the Clinic”) from the Clinic’s computer databases. The hacker demanded a ransom, but the Clinic refused to pay. The hacker offered at least some of the stolen personal data for sale on the so-called “dark web,” and some of the information was made available, at least temporarily, on Pastebin, a data-storage website. The Clinic notified plaintiffs of the breach in August 2016. Each named plaintiff alleges that she has “spent time calling a credit reporting agency and placing a fraud or credit alert on her credit report to try to contain the impact of the data breach and anticipates having to spend more time and money in the future on similar activities.” Plaintiffs sought class certification and asserted claims for negligence, breach of implied contract, and unjust enrichment, seeking damages based on costs related to credit monitoring and identity theft protection, as well as attorneys’ fees. They also sought injunctive relief under the Georgia Uniform Deceptive Trade Practices Act (“UDTPA”), and a declaratory judgment to the effect that the Clinic must take certain actions to ensure the security of class members’ personal data in the future. The Clinic filed a motion to dismiss based on both OCGA 9-11-12 (b) (1) and OCGA 9-11-12 (b)(6), which the trial court granted summarily. The Georgia Supreme Court concluded the injury plaintiffs alleged they suffered was legally cognizable. Because the Court of Appeals held otherwise in affirming dismissal of plaintiffs’ negligence claims, the Supreme Court reversed that holding. Because that error may have affected the Court of Appeals’s other holdings, the Court vacated those other holdings and remanded the case. View "Collins et al. v. Athens Orthopedic Clinic, P.A." on Justia Law
iHeartMedia, Inc. v. Sheridan
The United States District Court for the Middle District of Georgia certified a question of Georgia law to the Georgia Supreme Court. Arthur and Barbara Sheridan owned several pre-1972 master sound recordings of certain popular songs, as well as the associated intellectual property and contract rights. iHeartMedia operated AM/FM radio stations, as well as internet radio services. These latter services allow listeners to access and listen to a song through an internet-connected device such as a tablet, computer, or smartphone. iHeartMedia streamed the Sheridans’ recordings to listeners over its internet radio platform, iHeartRadio. It was undisputed that iHeartMedia had no license, authority, or consent from the Sheridans to stream the recordings, and iHeartMedia did not compensate the Sheridans for the use of their recordings. The Sheridans claimed that iHeartMedia needed their consent to transfer their master sound recordings to iHeartRadio listeners, and that iHeartMedia engaged in racketeering activity by making unauthorized transfers. iHeartMedia moved to dismiss the Sheridans’ complaint under the radio broadcast exemption in OCGA 16-8-60 (c) (1), which stated that the statute did not apply to “any person who transfers or causes to be transferred any such sounds or visual images intended for or in connection with radio or television broadcast transmission or related uses." After review, the Supreme Court found that the type of internet radio services being offered by iHeartMedia, Inc. in this case fell under the exemption set forth in OCGA 16-8-60 (c) (l). View "iHeartMedia, Inc. v. Sheridan" on Justia Law