Free speech / censorship

Can You Be Defamed by a Truthful Email in Massachusetts?

March 12th 2009

“The truth is an absolute defense to a claim of defamation.” But perhaps not always in Massachusetts, and that’s a problem. Judge Juan Torruella of the US Court of Appeals for the First Circuit has allowed Alan Noonan, a sales director fired by Staples, to pursue his libel claim against the company. Staples’s executive vice […]

Important: FCC Signals Intent to Regulate Internet “in the public interest”

March 3rd 2009

Mark the date. This announcement is the start of an effort by the FCC to regulate both Internet operations and content just as the Commission does in broadcast channels.  After an earlier effort to regulate bloggers as lobbyists failed, this appears to set the stage for another attempt for regulation of Internet content. In a […]

Are 1 in 5 Teens Child Pornographers?

February 4th 2009

A teenage girl snaps a photo of herself with some or all of her clothing removed and sends it to a teenage boy. How many, if any, crimes have been committed? This is known as “sexting” among teens who text, and in Greensburg, Pennsylvania, both sender and recipient would be charged with serious child pornography […]

First They Came for the Political Bloggers

February 3rd 2009

Two weeks ago, the Senate considered a lobbying reform bill which would reportedly have required bloggers who communicate to more than 500 members of the public on public policy matters to register and report quarterly to Congress, in much the same way as K Street lobbyists. The blog Wonkette reports that this over-reaching requirement was […]

Quick Links: Cameras, Taxes and Trojans

January 17th 2009

Web Videos of Oakland Shooting Fuel Protests “The devices people carry in their pockets give them the ability to turn what would normally be a case played out in the courtroom into one in which anyone with an Internet connection can serve as virtual judge and jury.” This both shows how online movements start, and […]

Are Ads for “Fake” Complaint Sites False Advertising?

January 7th 2009

The Consumer Law & Policy Blog describes a case of arguably false advertising, in which a “face lift” firm paid for keywords relevant to people complaining about their trademarked service, but connected them to a site singing its praises. Their apparent intent was to draw those seeking information for detractors to a forum which only […]

Linking is Not Defamation in Canada

November 7th 2008

Last week, British Columbia Supreme Court Justice Stephen Kelleher delivered a landmark decision affirming the use of links in online speech in Canada. It was distinguished in its absolute sensibility. Vancouver businessmen Wayne Crookes, once an important federal Green Party of Canada official, sued Jon Newton, the operator of p2p.net, for linking to four articles […]

Online Brand Protection Gone Wrong: ILoveJackDaniels.com

November 5th 2008

Dave Child is a web developer from Brighton, UK. He ran sites for Juno Records in London, and does online marketing. Along the way, he picked up the nickname Jack Daniels for the bottle he kept on his desk. So when he wanted to start a site to provide tech resources to other programmers, he registered […]

Target Settles Accessibility Lawsuit – ADA Linked to Websites in California

September 4th 2008

Target has settled a class action lawsuit from the The National Federation of the Blind (NFB) by agreeing to pay $6 million in damages, and to pay the organization to supervise efforts to make its website more accessible to the visually impaired. Previous court rulings had established that that ADA did not extend to stores’ […]

MBTA Injunction Against MIT Students Lifted

August 19th 2008

Judge George O’Toole Jr has lifted the gag order preventing three MIT students from publicly discussing MTBA security flaws. As noted here, the MBTA made the student’s report public in their petition to gain the restraining order in question. The MBTA, which had earlier denied that security flaws existed, had asked the judge to prevent […]