Blogs

CJEU Advocate General Finds No Right to be Forgotten by Search Engines under EU Law

On June 25, 2013, the Opinion of the Advocate General Niilo Jääskinen (AG) in case C-131/12, Google Spain v. Agencia Española de Protección de Datos, was published.

Subject Area: 

Jurisdiction: 

Metadata Surveillance, Secrecy, and Political Liberty (Part Two)

(This is the second part of a two-part post. In Part One, Bryce Newell examined the implications of government collection and analysis of metadata relating to electronic communications. Today, Bryce picks up from where he left off, considering the implications of government surveillance under different conceptions of freedom.)

Jurisdiction: 

Subject Area: 

Content Type: 

Metadata Surveillance, Secrecy, and Political Liberty (Part One)

(Following on from Rebekah Bradway's post last week regarding government-created metadata as public records, we are pleased to present a two-part post from Bryce Newell on the role of metadata in government surveillance. -- Ed.)

Jurisdiction: 

Subject Area: 

Content Type: 

Metadata as a Public Record: What it Means, What it Does

The failure to comply with a records request for email metadata will cost a Washington city more than half a million dollars in statutory and attorney's fees, a Washington Superior Court judge recently decided.

Subject Area: 

Jurisdiction: 

911, What's Your Emergency? Public Access to 911 Calls in California and Maine

PhoneAs California delays public access to prank celebrity 911 phone call records, a court in Maine has kicked things up a notch, pulling from one of over 500 exceptions to Maine's Freedom of Access Act (“FOAA”) to block public access to a 911 record in connection with an ongoing criminal trial.

Jurisdiction: 

Subject Area: 

Content Type: 

Distinguishing Fact from Opinion: The Second Circuit Rules on Scientific Articles

In a recent case before the Second Circuit, the Court of Appeals held that conclusions in scientific articles are akin to statements of opinion for defamation purposes and cannot give rise to actionable claims of false advertising under the Lanham Act or state statutory equivalents. In the Court's words, "the line between fact and opinion is not always a clear one" - and this recent decision has muddled that divide even more.

Jurisdiction: 

Subject Area: 

Content Type: 

"Dirty" Verdict Sets Up Section 230 Appeal

A federal jury's verdict awarding $338,000 to former Cincinnati Bengals cheerleader and high school teacher Sarah Jones over postings on thedirty.com website may lead to a re-examination of the scope of the law that web site operators have widely invoked<

Subject Area: 

Jurisdiction: 

As State Shield Laws Play Tug-of-War, the Dream of a Federal Shield Law Resurfaces

Shield LawA recent challenge to a subpoena for a New York reporter's confidential source highlights the risks journalists face when different state shield laws clash. Although uniform state shield laws would reduce uncertainty for reporters on the state court level, a solution to varying federal court tests may appear in the form of a federal shield law.

Jurisdiction: 

Subject Area: 

Content Type: 

Reputation vs. National Security: The Supreme Court Takes on an Airline Defamation Case

The Supreme Court has granted certiorari to the first defamation case it's heard since 1990, and in it, the Court will be balancing injury to reputation against -- what else? -- national security.

Jurisdiction: 

Subject Area: 

Content Type: 

DMLP files brief seeking First Amendment scrutiny in United States v. Auernheimer

Yesterday the Digital Media Law Project, with help from the Cyberlaw Clinic, filed an amicus brief in the United States Court of Appeals for the Third Circuit in United States v.

Jurisdiction: 

Subject Area: 

Content Type: 

Aghast at Ag-Gag Legislation: Silencing Speech for What it Reveals

Ag-gag cowWith the ubiquity of smart phones and digital communication, most of us whisk our phones out to record anything we find significant without giving it a second thought. But when one Utah woman did this in early February, she was charged as a criminal -- solely because the activities she recorded took place on agricultural land.

Jurisdiction: 

Subject Area: 

Content Type: 

DMLP Announcement: Video from Cambridge Community Television Event Goes Live

In May, the DMLP, with our good friends at the Harvard Law School Cyberlaw Clinic and the MIT Center for Civic Media, helped to produce an event celebrating the 25th Anniversary of Cambridge Community Teleivsion.

Subject Area: 

Jurisdiction: 

A Response to Sandy Hook: Privacy Trumps Transparency in New Connecticut Bill

At a time when citizens increasingly call for government transparency, the Connecticut legislature recently passed a bill to withhold graphic information depicting homicides from the public in response to records from last December's devastation at Sandy Hook Elementary School.

Jurisdiction: 

Subject Area: 

Content Type: 

British Ruling Sets Standards for Twitter Libel

A British judge's decision that a tweet by Sally Bercow (wife of the Speaker of the House of Commons, John Bercow) libeled Lord Robert Alistair McAlpine (former Deputy Chairman and Party Treasurer of the Co

Jurisdiction: 

Subject Area: 

Content Type: 

Who is a Journalist? Here We Go Again…

In the wake of the Associated Press and James Rosen incidents, the call for statutory protection for journalists and their sources has started anew. The Obama administration has called on Sen.

Subject Area: 

Jurisdiction: 

Massachusetts Courts Mull Right of Access to Deceased Family Members' E-mail

A case in the Massachusetts Court of Appeals, Ajemian v. Yahoo!, Inc., decided on May 7, is the latest case dealing with ownership of digital assets after death.

Subject Area: 

Jurisdiction: 

Pages

Subscribe to RSS - blogs