Tuesday, April 19, 2016
to sue AshleyMadison over data breach you must use your real name (via ArsTechnica)
"Full Delete" option that was supposed to, and didn't, remove all identifying information from the service for a USD19 fee per user.
Then it surfaced that the site perhaps made phony profiles of women to attract more men to the site.
There's also a big wrinkle that could affect the upcoming class-action filing. Attorneys want to use confidential communications between AshleyMadison executives and their attorneys as part of their lawsuit in a bid to establish that the company made fake female profiles to induce people to become one of the site's 39 million members. Obviously, Avid Life Media, the site's operator, is opposed. Plaintiffs' lawyers say the data is not protected by attorney-client privilege and can be part of the case because of the "crime-fraud" exception. That exception means that a client and their attorney's back-and-forth communications are not protected if the communications were made "with the intention of committing or covering up a crime or fraud." The plaintiffs' lawyers noted a story in Gizmodo citing the hacked data in which Avid Life attorneys are discussing "fictitious" profiles on the AshleyMadison site.
article "Who hacked AshleyMadison and why?"
article: Can hacked data support fraud suit against AshleyMadison? Plaintiffs want to cite lawyer emails.