Practice Guide
Government Access to Text Messages and the Fourth Amendment
With the proliferation of text messaging and other forms of electronic communication in recent years, courts have grappled with how to apply traditional Fourth Amendment protections to these new technologies.
When Do the Plaintiff’s Interests Outweigh the Internet Speaker’s Right to Remain Anonymous?
Courts have been grappling with this question repeatedly over the past decade and a half, as anonymous speech has become prevalent on the internet.
Evolution of “DMTA” Law
While Congress passed the Communications Decency Act and the Digital Millennium Copyright Act to protect purveyors of Web sites from state law publication based claims and federal copyright claims based on actions taken by users of those Web sites, it passed nothing having to do with trademark infringement by Web site users.
Mobile Data Collection
Many incredible capabilities exist as a result of mobile device users disclosing their personal information, and public concern over online privacy breaches has spread to the mobile industry with news stories about geolocation tracking and mobile devices disclosing users' personal information via downloaded software applications.
Exploiting the Innocent But Extremely Useful Trade “Hot News” Review and Update
In its decision, the FlyOnTheWall panel both significantly restricted the applicability of the “hot news” misappropriation tort and cast a shadow of doubt over an accepted Second Circuit test used to determine whether the “hot news” tort is preempted by federal copyright law.
A Brief Description of the Digital Millennium Copyright Act
The DMCA was designed to bring U.S. copyright law squarely into the digital age and to facilitate the robust development and world-wide expansion of electronic commerce, communications, research, development, and education.
An ESI “Top Ten”: What Every Media Lawyer Should Know About E-Discovery and Electronically Stored Information
Our list includes some general rules of the road regarding "electronically stored information" (ESI) and some specific pointers for how ESI issues may play out in media law cases.
News Aggregation Websites: How Much Is Too Much?
A number of recent decisions have helped define the contours of the issue, but none has definitively resolved the controversy.
Deep Linking Around the World
A sample of domestic and international deep linking cases specific to the copyright infringement context.
Data Privacy
Since the 1960s, Americans have been warned that the development of intrusive technologies would create a need for new legal protection of information (data) privacy. That time has now arrived, and various laws now address data privacy.