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...

Big news this week! On Monday, we launched another major section of our Citizen Media Legal Guide. The guide is intended for use by citizen media creators with or without formal legal training and addresses the legal issues individuals and organizations may encounter as they gather information and publish online.

The guide, which is funded by the John S. and James L. Knight Foundation, covers the 15 most populous U.S. states and the District of Columbia and focuses on the wide range of legal issues online publishers are likely to face, including risks associated with publication, such as defamation and privacy torts; intellectual property; access to government information; newsgathering; and general legal issues involved in setting up a business.

For Monday's launch, we rolled out the section on Newsgathering and Privacy, which addresses the legal and practical issues you may encounter as you gather documents, take photographs or video, and collect other information. Here is a quick rundown of the subsections we've just published:

Entering the Property of Others discusses your rights to access public and private property and provides some guidance on how to avoid legal liability for trespass.

Gathering Private Information outlines the various privacy laws that may limit your ability to gather private information or otherwise intrude into another person's private space.

Recording Phone Calls, Conversations, Meetings and Hearings discusses federal and state laws relating to the use of recording devices in specific private and quasi-public settings.

Acquiring Documents and Other Property addresses the laws affecting your ability to gather documents and other tangible property that belongs to others, including the government.

Protecting Sources and Source Material examines the legal challenges you may face in maintaining the confidentiality of your sources and source material and discusses the federal and state laws that may protect you from forced disclosure of your newsgathering materials.

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The latest from the Citizen Media Law Project blog...

David Ardia discusses the latest iteration of MLB press restraints.
New Major League Baseball Restrictions on Press Credentials Hamstring Online Coverage

David Ardia reports on the plaintiff banks' desire to end Wikileaks lawsuit.
Banks in Wikileaks Case Back Down, Seek to Dismiss Case After Losing Fight Over Injunctions

Sam Bayard comments on the latest development in the AutoAdmit saga.
Anthony Ciolli, former AutoAdmit Defendant, Sues Everyone

Sam Bayard critiques an unusual legal threat against a sports blogger.
Lawyer Preemptively Threatens Sports Blogger with Lawsuit

Sam Bayard looks at a trademark claim against a website featuring consumer reviews.
Lifestyle Lift v. Real Self -- Using Trademark Law to Silence Critical Reviews?

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Other citizen media law news...

DIA keeps Wi-Fi on the mild side
Denver Post - Thurs. 3/6/08

A Waive of the Watch List, and Speech Disappears
New York Times - Tues. 3/4/08

French court says site cannot grade teachers
CNET News - Mon. 3/3/08

Facebook Banishment and Due Process
Concurring Opinions - Mon. 3/3/08

First spam felony conviction upheld: no free speech to spam
Ars Technica - Sun. 3/2/08

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Recent threats added to the CMLP database...

Global Royalties v. Xcentric Ventures
Posted March 6th, 2008

Karl v. Feinstein
Posted March 6th, 2008

Lifestyle Lift Holding, Inc. v. Real Self, Inc.
Posted March 4th, 2008

Left Behind Games, Inc. v. Gameology
Posted March 4th, 2008

Lochrie v. No Phat Pink Chicks
Posted March 4th, 2008

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The full(er) Brief...

"As an avid baseball fan, I should have been paying closer attention to the recent dispute over Major League Baseball's new restrictions on credentialing journalists who cover MLB games. A nice summary of the dispute on the Reporters Committee for Freedom of the Press' Sidebar Blog awoke me from my slumber. In a repeat of past efforts by MLB to limit the use of photographs and play-by-play coverage of games, the new 2008 press credentials [l]imit to seven the number of photographs from each game that may be displayed online [and] prohibit the use of game photographs as part of a photo gallery . . . . MLB officials are slated to meet this week with a number of groups opposed to the new rules. Here's hoping that MLB drops these onerous restrictions before the season begins on March 31."
David Ardia, New Major League Baseball Restrictions on Press Credentials Hamstring Online Coverage

"As if the order by Judge White vacating the injunctions in the Wikileaks case weren't enough, the Banks that brought the case have now filed a notice of dismissal seeking to voluntarily dismiss the entire case. . . . Query whether this case should be dismissed with prejudice. Clearly the Banks don't think so -- their notice of dismissal is without prejudice -- but that is worth looking into. Note also that the Banks have stated that they 'may, at their option, later pursue their claims, including in an alternate court, jurisdiction or venue.' I don't think we've seen the last of this dispute."
David Ardia, Banks in Wikileaks Case Back Down, Seek to Dismiss Case After Losing Fight Over Injunctions

"Breaking news from Above the Law: Anthony Ciolli, former defendant in the controversial AutoAdmit case, has filed a lawsuit in Pennsylvania state court against the two plaintiffs in that case, their lawyers, ReputationDefender and one of its employees, and the shadowy 'T14 Talent.' He alleges wrongful initiation of civil proceedings, abuse of process, libel, slander, false light invasion of privacy, tortious interference with contract, and unauthorized use of name or likeness. It looks like Ciolli has outed one of the pseudonymous defendants in the AutoAdmit case -- 'pauliewalnuts.'"
Sam Bayard, Anthony Ciolli, former AutoAdmit Defendant, Sues Everyone

"The Wall Street Journal's Law Blog reports that a lawyer for Denver Nuggets coach George Karl has threatened blogger Andrew Feinstein with legal action (well, sort of). Feinstein, a frustrated Nuggets fan, created a blog called Fire George Karl, lamenting what he sees as a series of 'blown games, losses against sub-.500 opponents, porous defensive performances and incoherent offensive schemes.'"
Sam Bayard, Lawyer Preemptively Threatens Sports Blogger with Lawsuit

"Eric Goldman published an interesting post yesterday about a new case, Lifestyle Lift Holding, Inc. v. Real Self, Inc., which is a trademark dispute involving RealSelf.com, an interactive website with forums that let consumers discuss their experiences with cosmetic and plastic surgery procedures and vote on whether a procedure was 'worth it' or 'not worth it.' Lifestyle Lift owns the trademark 'Lifestyle Lift,' which it licenses to doctors who perform facelift procedures under that name. A number of RealSelf users have written negative reviews of the Lifestyle Lift procedure, with 55% of users currently saying that the procedure was 'not worth it.'"
Sam Bayard, Lifestyle Lift v. Real Self -- Using Trademark Law to Silence Critical Reviews?