Japan

RSA v. Scott Jarkoff

Date: 

07/19/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Scott Jarkoff

Type of Party: 

Organization
Government

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

After Jarkoff posted an entry about the security risks he sees with the login mechanism of the Navy Federal Credit Union (NFCU) website on his blog, TechMiso, he received an e-mail from the RSA Anti Fraud Command Centre.  RSA Security Inc. is  an encryption and network security company, and the RSA Anti Fraud Command Centre helps the NFCU with online fraud prevention.

The RSA email claimed that Jarkoff's post infringed on NFCU's copyright and trademark rights, and it expressed concern that Jarkoff's site could become a host of phishing attacks against NFCU's clients. The email then proceeded to ask for various kinds of information from Jarkoff, including the tar/zip file of the site's source code. After Jarkoff replied to the email, clarifying the purpose of his post and maintaining that there was no fraudulent activity involved, RSA replied that Jarkoff's post may confuse NFCU's customers and stating that NFCU had asked RSA to take down Jarkoff's blog.

A month later, Jarkoff received an email from Rackspace, his web host, regarding a trademark infringement complaint it received from RSA. Jarkoff replied to the email from Rackspace, explaining that there was no trademark infringement. Soon afterwards, Jarkoff received another email from Rackspace letting him know that RSA had requested that Rackspace disregard the shut down request.

Jurisdiction: 

Priority: 

1-High

CMLP Notes: 

EK editing (10/07/2009)

Content Type: 

Subject Area: 

Anthropomorphizing Intrusion: Google Street View and the Armies of Cute

A basic lesson of history: a spoonful of cute helps the social medicine go down.

Jurisdiction: 

Subject Area: 

Duran v. Andrew

Date: 

09/15/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Christopher Andrew; Tom Nishio; Does 1-100

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Federal

Court Name: 

United States District Court for the Eastern District of Missouri

Case Number: 

4:08CV1400

Legal Counsel: 

David Corwin and Vicki Little - Devereux Murphy

Publication Medium: 

Email

Relevant Documents: 

Status: 

Pending

Description: 

On September 15, 2008, Dan Duran, CEO of the U.S. Soybean Export Council, sued two former Council employees and several anonymous Internet users over emails that allegedly defamed him.  Christopher Andrew, one of the former employees, allegedly sent several emails containing defamatory statements about Duran and manufactured a photo of Duran "posing in a friendly manner with Kim Jong-Il, a dictator of an enemy country."

Duran's original complaint sought a permanent injunction against the defendants preventing them from "[p]ublishing and re-publishing by any means, including electronic mail, any further defamatory, scandalous, desultory, false statements concerning Plaintiff, Plaintiff’s personal life, and Plaintiff’s professional activities."  Duran also sought damages in excess of $75,000.

On October 6, 2008, Andrew made a motion to dismiss the complaint arguing that Duran had not properly filed service of process and failed to state a valid claim.  The court found that Duran had properly stated claims for defamation and injurious falsehood and that Andrew's statements were not opinion protected by the First Amendment.  The court did find that the doctored photos "clearly represent[ed] imaginative expression, rather than assertions of objective fact" and dismissed the claims related to its publication.  

In mid April 2009, Duran made a motion to dismiss the Doe defendants and Tom Nishio.

Update:

5/20/2009 - Jury trial scheduled to begin April 5, 2010. 

 

CMLP Notes: 

Note: It appears that Andrew (and maybe others) were fired from their jobs for the same or related e-mails as those at issue in the case.  Whoever edits this entry should look into whether the firings merit a separate threat entry. {MCS}

Source: Volokh Conspiracy

 

RPK

updated 6/18/09 - CMF

Priority: 

1-High

Content Type: 

Threat Source: 

RSS

Subject Area: 

Jurisdiction: 

Japan Considering Extending Broadcast Law to Bloggers

Hanako Tokita of Global Voices reports that the Japanese Ministry of Internal Affairs and Communications is considering extending Japan's existing Broadcast Law to regulate bloggers and other website operators:
While nobody was watching, an interim report drafted by a study group under the Japanese Ministry of Internal Affairs and Communications has set down guidelines for regulation of the Internet in Japan which, according to one blogger, would extend as far as personal blogs and homepages. In the report, this Study group on the legal system for communications and broadcasting, headed by Professor Emeritus at Hitotsubashi University Horibe Masao, discusses the possibility of applying the exising Broadcast Law [Ja] to the sphere of the Internet to regulate, under government enforcement, what gets on the web. The report also suggests that public comments be sought on the issue [Ja], in response to which the ministry has opened a space on their webpage for the public to submit comments [Ja], available in the period between June 20th and July 20th.

Despite the obvious significance of the proposed regulation, neither media nor the majority of bloggers are aware of its existence. The most detailed coverage of the issue has been provided by
tokyodo-2005, a former journalist, now a lawyer and prolific blogger on media related issues, who has (at time of writing this) already posted seven entries on the topic. In these blog entries, he warns that this legislation would be applied not only to general websites but also to personal blogs and home pages. The report advises, he cites, that contents found illegal based on the significance of their activity ( would be outside the scope of protections on freedom of expression as specified in the Japanese Constitution; therefore, it is claimed, there would be no constitutional issue with regulating such content.

(Note: Global Voices, like the CMLP, is affiliated with the Berkman Center and Ethan Zuckerman, a founder of Global Voices, is on the board of advisors for the CMLP.)

Jurisdiction: 

Subject Area: 

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