Related Materials
Recent Developments With The Computer Fraud and Abuse Act
Jeremy D. MishkinCourts' 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.
TOPICS : Digital Media, Digital Privacy
User Generated Content: Snapshot of Legal Issues
Mark LernerAllowing 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.
Enforceability of Electronic Contracts
Ravi SitwalaWhen 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.
Extent of ISPS’ Duties to Prevent Infringement (DMCA §512(I))
John C. GreinerTo 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 : DMCA
Potential Exposure for Accessing and Using Digital Records
Steve Zansberg and Gregory P. SzewczykCourts 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 : Privacy
Online Retractions and Corrections
Thomas R. Burke, Jeff Glasser, Tom Wyrwich and Ambika K. DoranPublishers 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.
TOPICS : Defamation, Digital Media
Portable Electronic Devices in the Courtroom
Steve Zansberg, Alexander Ziccardi and Nabiha SyedAs 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.
TOPICS : Access / FOIA, Digital Media
The Broad Reach of CDA § 230 and Its Limits
John C. GreinerAn overview of the types of Section 230 arguments that plaintiffs have asserted and how the courts have treated their claims.
TOPICS : Section 230
Link Liability – An EU/US Comparison and Guide
Edward Klaris & Alexia BedatGenerally, 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.
The Right to Be Forgotten
Kevin L. VickIn 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.
TOPICS : Digital Media, Digital Privacy
Who Qualifies as a Journalist Today for Legal Protections
Judy EndejeanCourts 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.
TOPICS : Defamation, Reporters Privilege
Access to Electronic or Digitized Records Held in Non-Governmental Containers
Steve ZansbergThe 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.
TOPICS : Access / FOIA, Government Records
Government Access to Text Messages and the Fourth Amendment
Matthew A. LeishWith 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 : Privacy
When Do the Plaintiff’s Interests Outweigh the Internet Speaker’s Right to Remain Anonymous?
Joshua KoltunCourts have been grappling with this question repeatedly over the past decade and a half, as anonymous speech has become prevalent on the internet.
TOPICS : Digital Media, Digital Privacy
Evolution of “DMTA” Law
Ravi SitwalaWhile 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 : Trademark
Mobile Data Collection
Matthew Fischer and Afigo FadahunsiMany 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
Peter J. Caruso IIIn 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.
TOPICS : Intellectual Property
A Brief Description of the Digital Millennium Copyright Act
E. Leonard Rubin and Joseph B. TeigThe 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 : DMCA
An ESI “Top Ten”: What Every Media Lawyer Should Know About E-Discovery and Electronically Stored Information
Jeremy Feigelson and Joseph SanoOur 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?
Thomas M. ClydeA number of recent decisions have helped define the contours of the issue, but none has definitively resolved the controversy.
TOPICS : Copyright, Intellectual Property
Deep Linking Around the World
Debra L. Hutchings & Meagan CrowleyA sample of domestic and international deep linking cases specific to the copyright infringement context.
TOPICS : Copyright, Digital Media
Data Privacy
Mark SablemanSince 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 : Digital Privacy
Music Webcasting – The Basics
TOPICS : Copyright