Practically Pocket-Sized Guide to Internet LawFrom the MLRC Internet Committee, a series of concise articles on a wide-range of Internet law questions that come up in day-to-day media law practice.
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.
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.
Courts have been grappling with this question repeatedly over the past decade and a half, as anonymous speech has become prevalent on the internet.
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.
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.
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.
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.
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.
An ESI “Top Ten”: What Every Media Lawyer Should Know About E-Discovery and Electronically Stored InformationJeremy 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.
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.
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.
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.
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.
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.
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.
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.