Online Law

Boston’s WHDH and ADM Make Bogus Copyright Claims to Silence Critics and Clowns

February 24th 2010

Do you remember conservative radio talk-show host Michael Savage? He sued a Muslim advocacy group for copyright infringement because it dared to quote what he said on the radio as part of an advertiser boycott. A U.S. District judge tossed the suit, and supported the doctrine of Fair Use, saying that anyone who listens to […]

Pennsylvania “Blake Robbins” Webcam Privacy Suit Discussed: What Good is Suing A School?

February 23rd 2010

As the case of the Pennsylvania school system that allegedly spied on their students gains broader attention, the Lazy Man and Money blog raises a provocative question…why sue a school? Lawyers and lawsuits are controversial, especially as we debate health care and malpractice reform.  I’d like to hear what you think about this. The more […]

Boston Police Charge Those Who Videotape Arrests as “Wire Tappers”

February 22nd 2010

This week the ACLU filed a lawsuit against the Boston Police Department for using “wiretapping” laws to prevent citizens from taking video footage of police arrests.  Some would naively think such laws were passed to protect the people from the authorities, not vice versa. (details in Law.com) Following Training? Boston police spokeswoman Elaine Driscoll rejected […]

Legal Advertising & Bar Regulation Are a Mess: No §230 for Lawyers?

February 20th 2010

The uniformly wonderful Georgetown Law prof, Rebecca Tushnet, notes in her 43(b)log a recent opinion of the South Carolina Ethics Bar that is somewhat dismissive of  Section 230 of the Communications Decency Act. State bars are struggling to figure out how to regulate everything from keyword advertising to chat-room participation to marketing done by intermediaries. There […]

Surveilling Kids: It’s Still Spying and Full of Trouble

February 19th 2010

According to a class action lawsuit, a Pennsylvania school district used laptops it issued to high school students to regularly spy on them at home via the built-in webcams. In a court filing (Blake J Robbins v Lower Merion School District), the parents of student Blake Robbins are suing the school district for: invasion of […]

Protecting Kids Will Legitimize Surveillance and Censorship: 2010 Online Law Trend

February 17th 2010

Your Digital Papers, Please? Last week at the Davos World Economic Forum, Microsoft’s chief research and technology officer floated what to date has been an obviously bad idea: that Internet users should be licensed. The suggestion is covered and advanced in a Time Magazine article that takes the familiar dystopic theme of the Net as the […]

Trademarks in Keyword Advertising: Online Law Trends for 2010

February 11th 2010

The most frequent response to my question about what online law issues our readers are most concerned about centered on the still undetermined law around the use of trademarks as  to trigger advertising in search engines.  The issue is both prominent and vexingly permanent in the minds of both IP layers and and search marketers. […]

Is Your Search History Private? How PII Data Can Be Built From Anonymous Releases

February 10th 2010

Last year I wrote about Latanya Sweeney, a Carnegie Mellon University computer science professor, who took anonymous data from medical records and used it to identify real patients. She in fact did so on the medical record of the governor who released the data. In the video below, Cory Doctorow (of EFF and boing boing […]

GPS Surveillance Meets the Fourth Amendment: 2010 Online Law Trend

February 2nd 2010

The parking lot next to my daughter’s daycare warns, “You are under constant video surveillance.”  I don’t think they mean that in the universal sense, but the increasing use of mobile devices, smart cards,  and databases draws the reality of constant surveillance closer. As technologies start to share information, location privacy has the potential to […]

Digital Marketing Regulation and the Fear of Clowns Are 2010 Themes

February 1st 2010

Last week I asked UsefulArts.us readers what they think may online law trends for  2010.  Here’s the first of what looks like a half dozen responses to that question. The Coulrophobia Epidemic of 2010: trademark owners’ fear of clowns may be rational. When a competitor uses your mark and pretends to be your company, that’s […]