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Practice Guide

Apr 2021

Source Anonymity: A Practical Checklist of Issues and Questions

A practical checklist for attorneys to use when a client seeks advice about potential criminal or civil liability arising out of accessing and/or publishing information where the source (a) was not legally authorized to obtain and/or disclose the information to the press, and (b) insists on being promised confidentiality as a condition for providing the…

Nov 2019

Espionage Act Prosecutions Against the Press

A collection of resources discussing the legislative history and statutory interpretation of the Espionage Act, assorted First Amendment issues implicated in a prosecution of the press, particular defenses under criminal law, the history of the publication of government secrets in the United States, the historical application of the Act, and more.

Feb 2018

Drones: Regulation and Practices

A report summarizing the FAA’s rules governing the use of a drone by members of the media. The report also covers other applicable federal regulations, best practices, criminal statutes that might be implicated with drone use, and potential developments in 2018, along with links to helpful portals, policies and other resources.

Jan 2018

Recent Developments With The Computer Fraud and Abuse Act

Courts' applications of the CFAA vary markedly, in large part due to the differing interpretations of the CFAA's key provisions. This article examines this varied treatment.

Jan 2018

User Generated Content: Snapshot of Legal Issues

Allowing users to post content can raise a host of legal issues, including copyright and trademark infringement, libel/defamation, rights of publicity/privacy and false advertising. This brief snapshot will provide an overview of some of the key issues raised by engaging with UGC.

Jan 2018

Enforceability of Electronic Contracts

When determining the enforceability of an electronic contract, a court will apply the same principles of contract law as it would to a traditional paper agreement.

Jan 2018

Extent of ISPS’ Duties to Prevent Infringement (DMCA §512(I))

To protect ISPs that act with no direct or effective knowledge of its users' infringing activities from copyright infringement lawsuits, Congress passed the Digital Millennium Copyright Act.

Jan 2018

Potential Exposure for Accessing and Using Digital Records

Courts applying the SCA have arrived at divergent outcomes on whether access to such information is impliedly authorized, depending on what information is accessed, and where the information is housed.

Jan 2018

Online Retractions and Corrections

Publishers may reduce their potential liability from defamation and other claims for original content simply by publishing corrections or retractions that respond to meritorious demands from individuals who claim to have been libeled or otherwise injured online.

Jan 2018

Portable Electronic Devices in the Courtroom

As the use of technologies and devices continues to expand, courts have developed different approaches to news media requests to post live reports from the courtroom by means of a portable electronic device.