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...
PreCYdent: Another Useful Resource for Free Online Judicial Decisions
David Ardia explains CMLP's opposition to a judicial order imposing punitive fines on a journalist.
CMLP Joins Other Media Organizations to Oppose Contempt Order Against Journalist in Anthrax Case
Sam Bayard assesses a proposed Kentucky bill to end anonymous online speech.
Kentucky Legislator Introduces Bill to Stop Anonymous Posting
CMLP staff discuss privacy issues that arise when gathering information.
Highlights from the Legal Guide: Gathering Private Information
Wendy Seltzer comments on the U.S. Airforce's DMCA claim related to recruiting video.
Air Force DMCA-Bombs YouTubed Ad
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Other citizen media law news...
Oklahoma Curtails Online Access to Court Records
Citizen Media Law Project Blog - Fri. 3/14/08
RateMyCop takedown sparks debate over speech, privacy
Ars Technica - Wed. 3/12/08
A Free Speech Double Whammy: Flawed Anti-Phishing Bill Would Dilute Trademark Fair Use and Anonymity Protections
EFF Deep Links - Wed. 3/12/08
Maine Shield Law passes House committee
RCFP Sidebar - Tues. 3/11/08
Appeal overturns food review case
BBC News - Mon. 3/10/08
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Recent threats added to the CMLP database...
Garrido v. Bambauer
Posted March 12th, 2008
Garrido v. Krasnansky
Posted March 12th, 2008
Utah Lighthouse Ministry v. Wyatt
Posted March 12th, 2008
Montana Holdings v. Doe
Posted March 12th, 2008
In re Jimmie P. Cokinos
Posted March 12th, 2008
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The full(er) Brief...
Sam Bayard, PreCYdent: Another Useful Resource for Free Online Judicial Decisions
"Earlier this week, the Citizen Media Law Project joined 28 of the country's leading news organizations, press associations, and nonprofits dedicated to preserving free speech rights in filing a brief in the United States Court of Appeals for the District of Columbia Circuit opposing the contempt citation issued against Toni Locy, a former reporter for USA Today. Locy, who wrote several articles back in 2003 about the FBI's investigation into the mailing of anthrax tainted letters, was one of five reporters Steven Hatfill subpoenaed while trying to uncover the anonymous government sources who had identified him as a 'person of interest' in the investigation into the 2001 anthrax attacks. . . . Yesterday, the D.C. Circuit granted a stay of Judge Walton's contempt order while Locy's lawyers appeal the contempt ruling. The case isn't over, but at least Locy doesn't face the prospect of personal bankruptcy as she exercises her right of appeal."
David Ardia, CMLP Joins Other Media Organizations to Oppose Contempt Order Against Journalist in Anthrax Case
"Last week, Republican Tim Couch of Kentucky introduced a bill in the state legislature that would impose criminal fines on Kentucky-based website operators who fail to collect 'a legal name, address, and electronic mail address' before allowing a user to post a comment. The proposed law would also require website operators to 'establish reasonable procedures to enable any person to request and obtain disclosure of the legal name, address, and valid electronic email address of [a user] who posts false or defamatory information about the person.' . . . This looks like a transparent attempt to get around the First Amendment protection for anonymous online speech recognized in a slew of recent and not-so-recent cases, including Doe v. Cahill, Mobilisa v. Doe, Krinsky v. Doe 6, Essent v. Doe, and Greenbaum v. Google."
Sam Bayard, Kentucky Legislator Introduces Bill to Stop Anonymous Posting
"This is the fifth in a series of posts calling attention to some of the topics covered in the Citizen Media Legal Guide we began publishing in January. This past month we rolled out the sections on Newsgathering and Privacy, which address the legal and practical issues you may encounter as you gather documents, take photographs or video, and collect other information. In this post, we highlight the section on Gathering Private Information, which outlines various privacy laws that may limit your ability to gather private information or otherwise intrude into another person's private space."
CMLP staff, Highlights from the Legal Guide: Gathering Private Information
"Over at Wired's Threat Level blog, Kevin Poulsen reports on a new DMCA overreach: the U.S. Air Force complained (via outside counsel) about his posting of their recruiting video. The post, Poulsen says, was initially made at the Air Force's invitation. . . . Even if the Air Force's DMCA claim is truthful, however, it's still a policy overreach. Wired posted the video in order to report on government recruiting efforts; the video's dissemination is part of that First-Amendment protected discussion, whether it happens on or off government websites. The DMCA makes it too easy to takedown first, think later."
Wendy Seltzer, Air Force DMCA-Bombs YouTubed Ad
