Welcome to the Citizen Media Law Brief, a weekly newsletter highlighting recent blog posts, media law news, legal threat entries, and other new content on the Citizen Media Law Project's website. You are receiving this email because you have expressed interest in the CMLP or registered on our site, www.citmedialaw.org. If you do not wish to receive this newsletter, you can unsubscribe by following the link at the bottom of this email or by going to http://www.citmedialaw.org/newsletter/subscriptions.
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The latest from the Citizen Media Law Project...
Sam Bayard discusses the latest ruling in Essent v. Doe.
Essent v. Doe: Anonymous Blogger Wins on Appeal
Wendy Seltzer comments on Best Buy's apology for its Cease and Desist Letter.
Best Buy Apologizes for Cease-and-Desist Blooper
Sam Bayard assesses the Massachusetts Wiretapping Law in citizen police interactions.
Massachusetts Wiretapping Law Strikes Again
David Ardia reports on the Democratic National Convention Committee's decision to expand its credentialed blogger pool.
Democrats Accepting Applications from Bloggers to Cover 2008 Convention
Sam Bayard reflects on James Goodale's article about CDA 230 and Anonymous Speech.
Goodale on CDA 230 and Anonymous Speech Online
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Other citizen media law news...
Chinese Troll Sues After IP Blocked for Violating Chinese Internet Defamation Law
Virtually Blind - Thurs. 12/13/07
Organization for Transformative Works: defend fandom!
BoingBoing - Wed. 12/12/07
Minn. police subpoena reporter's cell-phone records
First Amendment Center - Wed. 12/12/07
Striking Writers Chide Producers With Protest Web Site
Seattle Trademark Lawyer - Tues. 12/11/07
Fark 'NSFW' Trademark Bid All in Good Snark?
Wired - Mon. 12/10/07
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Recent threats added to the CMLP database...
Posted December 13th, 2007
Lucas Nursery & Landscaping v. Grosse
Posted December 13th, 2007
WRNN-TV v. Does
Posted December 13th, 2007
Massachusetts v. Lowney
Posted December 12th, 2007
Hemming v. Newton
Posted December 12th, 2007
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The full(er) Brief...
"The anonymous blogger who runs 'The-Paris-site' will remain anonymous, at least for now. Yesterday, a Texas appellate court ordered the trial court to vacate its previous order compelling the blogger's ISP to reveal his name and address to Essent Healthcare, Inc. . . . It's been a strong couple of months for anonymous speech online. First, Orthomom, then Mobilisa, and now this case. The proverbial tide really does appear to be turning in favor of imposing a rigorous standard prior to ordering disclosure of an anonymous poster's identity. In this case, the Texas court acknowledged that the right to speak anonymously online is protected by the First Amendment and that mere allegations of wrongdoing are insufficient to overcome this right."
Sam Bayard, Essent v. Doe: Anonymous Blogger Wins on Appeal
"Yesterday, Best Buy sent a cease-and-desist letter to Scott Beale of Laughing Squid for reporting on an 'Improv Everywhere' prank and their sales of T-shirts mocking the Best Buy logo. Best Buy claimed the post infringed its trademarks and copyrights by 'promoting' sales of a T-shirt that mocked the Best Buy logo. Laughing Squid promptly posted the C&D, where it was picked up by BoingBoing and Slashdot. But Best Buy seems to have learned from the hubub, and sent its apologies a day later."
Wendy Seltzer, Best Buy Apologizes for Cease-and-Desist Blooper
"Boston Now reports that Peter Lowney, a political activist from Newton, Massachusetts, was convicted last week of violating the Massachusetts wiretapping statute (Mass. Gen. Laws ch. 272, ยง 99) and sentenced to six months probation and fined $500. The criminal case arose out of Lowney's concealed videotaping of a Boston University police sergeant during a political protest in 2006. Apparently Lowney was shooting footage of the protest when police ordered him to stop and then arrested him for continuing to operate the camera while hiding it in his coat. As part of the sentencing, the Brighton District Court ordered Lowney to remove the footage from the Internet."
Sam Bayard, Massachusetts Wiretapping Law Strikes Again
"CyberJournalist.net is reporting that the Democratic National Convention Committee (DNCC) is accepting applications from bloggers interested in being part of the credentialed blogger pool at the 2008 Democratic National Convention in Denver, Colorado."
David Ardia, Democrats Accepting Applications from Bloggers to Cover 2008 Convention
"James Goodale, the former vice chairman of the New York Times, published an article on Friday in the New York Law Journal (registration required) on CDA 230 and the highly publicized Doe v. Ciolli case. Goodale argues that CDA 230, the federal law that shields providers of 'interactive computer service[s]' from liability for defamation and other torts for publishing the statements of third parties, should be amended to impose liability in cases where a website operator 'knowingly causes defamation by refusing to take down libelous posts.' Goodale, a distinguished media lawyer, is not alone in his concern that Congress and the courts have 'gone too far' in the direction of protecting website operators at the expense of individuals whose reputations may have been damaged. The argument depends, to a large extent, on the claim that CDA 230 somehow leaves injured plaintiffs with no remedy or recourse for the harm done to them."
Sam Bayard, Goodale on CDA 230 and Anonymous Speech Online
