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...

Stefani Wittenauer discusses Georgia laws prohibiting photography and videography inside polling places.
Georgia Law Prohibits Recording Inside Polling Places

David Ardia discusses the important role citizen media can play in effectuating election reform.
The Role of Citizen Media in Ensuring Fair Elections

Sam Bayard looks at Michigan's ban on photography and videography inside polling places.
Michigan Secretary of State Warns Voters Not To Use Cameras Inside The Polls

David Ardia provides a rundown of some of the more interesting appraisals of the DMCA.
Marking the Ten Year Anniversary of the DMCA

Sam Bayard examines North Carolina laws regulating polling place activities.
Documenting Your Vote: North Carolina Election Laws 

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Recent threats added to the CMLP database...

Soussa v. Grant
Posted October 31, 2008

Kuersteiner v. Schrader
Posted October 29, 2008

Global Direct Sales, LLC v. Krowne
Posted October 29, 2008

Global Direct Sales, LLC v. Krowne (Correspondence) 
Posted October 29, 2008

Grace v. Neeley
Posted October 27, 2008

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Other citizen media law news...

Judges Rule Anonymous Commenters Protected By State Shield Laws
MediaShift - Thurs. 10/30/08

Harvard professor offers new challenge to RIAA antipiracy campaign
Computerworld - Thurs. 10/30/08

Authors, Publishers, and Google Reach Landmark Settlement
Google Press Center - Tues. 10/28/08

Big Tech Companies Back Global Plan to Shield Online Speech
New York Times - Mon. 10/27/08

Bryan Adams follows Prince in challenging fan sites
CNET - Mon. 10/27/08

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The full(er) Brief...

"Georgia is one of the states that explicitly prohibits photography inside polling places.  Section 21-2-413(e) of the Georgia Code states: 'No elector shall use photographic or other electronic monitoring or recording devices or cellular telephones while such elector is within the enclosed space in a polling place.' This prohibition applies to the entire polling place, not just the voting booth.  Therefore, Georgia voters should not attempt to use a video camera, still camera, or other recording device anywhere inside a polling place. Additionally, section 21-2-414(e) specifically bans the use of a cell phone or other communications device once a person has been issued a ballot or is inside the voting booth.  Taken together, these two sections indicate that you would be violating the law if you attempted to record your own vote inside the voting both. . . ."
Stefani Wittenauer, Georgia Law Prohibits Recording Inside Polling Places

"Yesterday, I read an article in the New York Times describing the fears some voters in Duval County, Florida have that their early votes will be lost and never counted.  I found the article deeply disturbing.  It wasn't because it surprised me that people fear their votes won't be counted (that fear has some precedent in Duval County, where 26,000 ballots were discarded in the 2000 election), but because it brought into focus for me the apprehensive feelings I've been having about the upcoming election.  I have this nagging feeling that something . . . well, terrible . . . is going to happen.  At bottom, I'm concerned that the election isn't going to be fair.  That the voters' will will be thwarted. . . . Even a cursory review of these problems reveals them to be systemic and in many instances intractable.  We certainly aren't going to fix them all between now and November 4. But that doesn't mean we are powerless to do anything about it.  After all, this is OUR ELECTION. . . ."
David Ardia, The Role of Citizen Media in Ensuring Fair Elections

"Michigan Secretary of State Terri Lynn Land issued a press release today warning voters that Michigan law prohibits the use of video cameras, still cameras, and other recording devices inside Michigan polling places on Election Day. The release mentioned the Video Your Vote project by name, saying that the project 'urging [voters] to record their Election Day experiences cannot be conducted in Michigan polling places.'  Land acknowledged that YouTube and PBS have cautioned voters that some states like Michigan prohibit the use of recording devices in the polls (for example, see our video), but expressed concern that 'not everyone will be aware of the warning.' . . . So, Michigan voters, keep those cameras and video recorders out of the polls! And if you've got a cell phone with you, leave it in your pocket. This does not mean, however, that you cannot participate in the Video Your Vote project or otherwise document your voting experience or the events of this historic day. . . ."
Sam Bayard, Michigan Secretary of State Warns Voters Not To Use Cameras Inside The Polls

"Today marks the ten year anniversary of the Digital Millennium Copyright Act (DMCA), which President Clinton signed into law on October 28, 1998.  For background on the DMCA, see our legal guide here and here.  Now that we've had a decade to get to know the DMCA, it's time to reflect on the changes this important law has engendered. Here is a rundown of some of the more interesting appraisals of the DMCA: The Electronic Frontier Foundation is marking the occasion with the release of a 19-page report that focuses on the DMCA's ban on 'circumventing' digital rights management (DRM) and other 'technological protection measures.' The report, entitled Unintended Consequences: Ten Years Under the DMCA, collects reported cases where the DMCA was used not against copyright infringers, but instead against consumers, scientists and legitimate competitors. . . . " 
David Ardia, Marking the Ten Year Anniversary of the DMCA

"Although you wouldn't guess from the photograph on the right and others available online (here, here, and here), North Carolina law places heavy restrictions on photography and videography inside polling places on Election Day. Luckily, North Carolina also provides some helpful guidelines on permissible newsgathering activities at the polls. Section 163-166.3(b) of the North Carolina General Statutes says that no person may 'photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct.' . . . In April 2008, the North Carolina State Board of Elections issued a press release presenting guidelines for poll workers and media representatives regarding the use of cameras and recording equipment at polling places.  In a telephone conversation, a state official told us that these guidelines should apply equally to members of the public who wish to engage in newsgathering activities at the polls. . . ."
Sam Bayard, Documenting Your Vote: North Carolina Election Laws