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 blog...

Sam Bayard points to an amicus filing in a high-profile Computer Fraud and Abuse Act case.
Berkman Cyberlaw Clinic, EFF, and Net Law Luminaries File Amicus Brief in Lori Drew Case

Jason Crow looks for context in arrest videos.
Searching for Both Sides of the Bicyclist Body Slam Video

Arthur Bright examines EU law relating to third-party video content.
Google Execs Face Charges in Italy Over Third Party Content

David Ardia announces the launch of the final sections of the legal guide.
Citizen Media Law Project Completes Launch of Online Guide to Media Law

Sam Bayard praises an important Internet fair use decision.
District Court Spanks Michael Savage Suit: Using Audio Clip for Criticism = Fair Use

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Recent threats added to the CMLP database...

Deep Blue Marine v. Krajewski
Posted July 30th, 2008

Storms v. Action Wisconsin
Posted July 30th, 2008

Johnson v. Barras
Posted July 30th, 2008

Tendler v. Does
Posted July 30th, 2008

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Other citizen media law news...

Gators Attack Juicy Campus
The Legal Satyricon - Thurs. 7/31/08

Slim chance of a Mass. shield law this year
Reporters Committee for Freedom of the Press - Wed. 7/30/08

Who's a journalist? The proposed federal law to protect reporters and their sources draws a tenuous line between bloggers and professionals.
Los Angeles Times - Mon. 7/28/08

Can Congress tweet? Should bloggers care?
Ars Technica - Mon. 7/28/08

4,000 U.S. Deaths, and a Handful of Images
New York Times - Sat. 7/26/08

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The full(er) Brief...

"We've posted before . . . on the tragic Megan Meier suicide case, in which a 13-year-old neighbor of Lori Drew committed suicide in October 2006 after a 'boy' she met on MySpace abruptly turned on her and ended their 'relationship.' In May 2008, federal prosecutors in Los Angeles indicted Drew, who allegedly pretended to be 16-year-old 'Josh Evans' on MySpace and precipitated Megan's suicide with hurtful comments, for violating the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, which usually applies to hacking. The heart of the government's theory is that Drew criminally accessed MySpace servers 'without authorization' or 'in excess of authorization' because she violated the social networking site's terms of service by creating an account with inaccurate registration information and engaging in hurtful speech. . . .  As reprehensible as Drew's conduct is alleged to have been, the government's theory is deeply troubling because it would impose criminal penalties for ignoring or violating a website's terms of service, something that probably millions of Internet users do every day, often without even knowing it. . . ."
Sam Bayard, Berkman Cyberlaw Clinic, EFF, and Net Law Luminaries File Amicus Brief in Lori Drew Case

"A tourist captured video of a New York City police officer body slamming a bicycle rider who was participating in a group ride through Times Square. The video posted on YouTube depicts the incident in a way that is inconsistent with the series of events described in the police officer's criminal complaint. . . . My first impression of the arrests depicted in these videos, including the latest bicycle rider body slam, is that police are using excessive force. Yet, these videos may only tell half the story. No matter how amateur the video seems, even deciding where to begin and end the video is an editorial decision that can dramatically influence how the conent is percieved by audiences. Context is key to understanding what really happened in each of these arrests. . . ."
Jason Crow, Searching for Both Sides of the Bicyclist Body Slam Video

"Does the European Union offer web hosts any protection from liability for the content of third parties, a la section 230 of the Communications Decency Act (CDA 230) or the 'safe-harbor' provisions of the Digital Millennium Copyright Act? This looks to be a key question for four current and former Google executives, as Italian prosecutors prepare to launch criminal charges against them over a video hosted by Google Video. . . . It looks like EU legislation, from which Italian law draws, does. . . ."
Arthur Bright, Google Execs Face Charges in Italy Over Third Party Content

"Today, we are launching the final sections of the Citizen Media Law Project's online guide to media law covering the risks associated with publishing online, including defamation and privacy law. . . . The free online guide, which is intended for use by bloggers, website operators, and other citizen media creators, focuses on the legal issues that non-traditional and traditional journalists are likely to encounter as they gather information and publish their work online. The legal guide, which runs more than 575 pages, is funded by the John S. and James L. Knight Foundation. It covers the 15 most populous U.S. states and the District of Columbia and is broken into six major sections . . ."
David Ardia, Citizen Media Law Project Completes Launch of Online Guide to Media Law

"In a huge victory for freedom of speech, on Friday a federal district court in California dismissed conservative talk show host Michael Savage’s lawsuit against the Council on American-Islamic Relations (CAIR). . . . I previously expressed my hope that this troubling lawsuit would at least result in a court decision reaffirming for the Internet context that using reasonable portions of someone’s copyrighted work in order to criticize it is fair use. Well, the court’s well-reasoned opinion fulfills that hope in spades. . . ."
Sam Bayard, District Court Spanks Michael Savage Suit: Using Audio Clip for Criticism = Fair Use