Skip to main content

Internet & Technology Law Committee

The Internet and Technology Law Committee focuses on media law issues as they relate to online content, and focuses on IP and media law issues that are more broadly associated with emerging technologies.

Related Materials
Jan 2018

Recent Developments With The Computer Fraud and Abuse Act

Jeremy D. Mishkin

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

Mark Lerner

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

Ravi Sitwala

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))

John C. Greiner

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.

TOPICS :
Jan 2018

Potential Exposure for Accessing and Using Digital Records

Steve Zansberg and Gregory P. Szewczyk

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.

TOPICS :
Jan 2018

Online Retractions and Corrections

Thomas R. Burke, Jeff Glasser, Tom Wyrwich and Ambika K. Doran

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

Steve Zansberg, Alexander Ziccardi and Nabiha Syed

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.

Jan 2018

The Broad Reach of CDA § 230 and Its Limits

John C. Greiner

An overview of the types of Section 230 arguments that plaintiffs have asserted and how the courts have treated their claims.

TOPICS :
Jan 2018

Link Liability – An EU/US Comparison and Guide

Edward Klaris & Alexia Bedat

Generally, in the United States, the act of linking to material that is either copyrighted or defamatory does not, on its own, carry liability. In Europe, however, the analysis has recently become significantly more complex.

Jan 2018

The Right to Be Forgotten

Kevin L. Vick

In 2014, the "right to be forgotten" leapt from the world of law school journals to the frontpages of newspapers and websites on the heels of the Court of Justice of the European Union's Google Spain decision.

Jan 2018

Who Qualifies as a Journalist Today for Legal Protections

Judy Endejean

Courts have grappled with treatment of non-traditional speakers, such as bloggers, in a variety of ways in cases dealing with First Amendment issues such as defamation suits, and reporter's privilege.

Jan 2018

Access to Electronic or Digitized Records Held in Non-Governmental Containers

Steve Zansberg

The growing body of case law on this topic has formed a fairly strong consensus view: it is the content of the email (i.e. whether it is of a purely personal nature or discusses public business) not its location) that controls whether it is deemed a public record.

Jan 2015

Government Access to Text Messages and the Fourth Amendment

Matthew A. Leish

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.

TOPICS :
Jan 2015

When Do the Plaintiff’s Interests Outweigh the Internet Speaker’s Right to Remain Anonymous?

Joshua Koltun

Courts have been grappling with this question repeatedly over the past decade and a half, as anonymous speech has become prevalent on the internet.

Jan 2015

Evolution of “DMTA” Law

Ravi Sitwala

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.

TOPICS :
Jan 2015

Mobile Data Collection

Matthew Fischer and Afigo Fadahunsi

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.

Jan 2015

Exploiting the Innocent But Extremely Useful Trade “Hot News” Review and Update

Peter J. Caruso II

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.

Jan 2015

A Brief Description of the Digital Millennium Copyright Act

E. Leonard Rubin and Joseph B. Teig

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.

TOPICS :
Jan 2015

An ESI “Top Ten”: What Every Media Lawyer Should Know About E-Discovery and Electronically Stored Information

Jeremy Feigelson and Joseph Sano

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.

Jan 2015

News Aggregation Websites: How Much Is Too Much?

Thomas M. Clyde

A number of recent decisions have helped define the contours of the issue, but none has definitively resolved the controversy.

Jan 2015

Deep Linking Around the World

Debra L. Hutchings & Meagan Crowley

A sample of domestic and international deep linking cases specific to the copyright infringement context.

Jan 2015

Data Privacy

Mark Sableman

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.

TOPICS :
Upcoming events
  • Thursday, June 9 at 1:30pm ET / 10:30am PT

Hot Takes – Section 230 and the Tech World!

We invite you to join the Internet and Technology Committee as we welcome Anette Beebe, who is no stranger to challenging issues under Section 230, to update us on the latest and greatest news and views on this fast moving area of the internet and technology law.