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May 2016

MLRC Bulletin 2016 Issue 2

in this issue

An Overlooked First Amendment Milestone: The Copyright Fight Over the Rodney King Beating Video

By Steven Perry and Jordan Segall[1] Shortly after midnight on March 3, 1991, a plumber named George Holliday was jolted awake in his Los Angeles apartment by multiple police sirens and the roar of a hovering helicopter.  Holliday grabbed his new Sony Camcorder, stepped out on his balcony and began to record the beating of…


Preparing for the EU General Data Protection Regulation

By Sarah Pearce[1] and Erin Vickers On 14 April 2016 European Parliament ended a four-year process of consultation and negotiation with a vote to approve the final text of the General Data Protection Regulation (“GDPR”)[2], agreed by the European Council on 6 April 2016[3]. The GDPR sets down a new data protection regime for Europe…


The Potentially Serious Implications of Federal Court Injunctions that Purport to Bind Non-Party Internet Service Providers in Trademark and Copyright Infringement Actions

By Simon J. Frankel and Ethan Forrest, Covington & Burling LLP* I. Introduction For some, it may come as a surprise that federal court injunctions enjoining activity that infringes copyright and trademark rights can apply to, and bind, persons and entities that were never a party to the proceeding in which the injunction was entered….


The Good, the Bad & the Ugly of Recent CDA Decisions

By John C. Greiner and Darren W. Ford[1] This past year, and the first few months of 2016, have seen a host (no pun intended) of new federal Communications Decency Act (CDA) decisions from all over the country. As always, some of the decisions effectuate positive developments in the law (the “Good”), while others have…


The Test of Time: Section 230 of the Communications Decency Act Turns 20

By Ambika K. Doran and Tom Wyrwich[1] Introduction Twenty years have passed since Congress enacted the Communications Decency Act—a law designed primarily to regulate obscenity and indecency on the Internet.  The statute made it illegal to knowingly send or show minors obscene or indecent content online.  Section 230 of the Act, 47 U.S.C. § 230,…


MLRC Bulletin 2016 Issue 2: Legal Frontiers in Digital Media

 Download Publication A Focus on Section 230: A 20-Year Perspective and a Recent-Term Update The Test of Time: Section 230 of the Communications Decency Act Turns 20Ambika K. Doran and Tom Wyrwich The Good, the Bad & the Ugly of Recent CDA DecisionsJohn C. Greiner and Darren W. Ford The Potentially Serious Implications of Federal…