Terms and Conditions

Drew (Tentatively) Acquitted in MySpace Suicide Case

A federal judge yesterday tentatively acquitted Lori Drew, the Missouri woman convicted for her involvement in a MySpace “cyberbullying” hoax that allegedly resulted in a young girl’s suicide.  If it sticks, the acquittal will help reverse the momentous change in online liability that Drew’s earlier guilty verdict threatened to set in motion.

Jurisdiction: 

Subject Area: 

Another Reminder to Choose Your Hosting Service Carefully

My colleague Ethan Zuckerman just put up a disturbing post about Kubatana, a prominent Zimbabwean NGO, which saw its site taken down because its hosting provider, Bluehost, got cold feet after it discovered the site contained content from (gasp!) Zimbabwe.

Kubatana, among other things, hosts websites for prominent activist organizations like Women of Zimbabwe Arise.  For the past two years, Kubatana has hosted a joint blog for a wide range of Zimbabwean citizens that has, according to Ethan, "been one of the key sources of information and perspective for people around the world who follow Zimbabwe, and a critical outlet for Zimbabweans who have few other ways to communicate."

Ethan reports:

Jurisdiction: 

Subject Area: 

Jury Finds Lori Drew Not Guilty on Felony Charges

Wired/Threat Level reports:

Lori Drew, the 49-year-old woman charged in the first federal cyberbullying case, was cleared of felony computer-hacking charges by a jury Wednesday morning, but convicted of three misdemeanors. The jury deadlocked on a remaining felony charge of conspiracy.

Jurisdiction: 

Subject Area: 

Lori Drew Trial Ongoing, Legal Issues Still Unclear

Lori Drew's trial for allegedly violating the Computer Fraud and Abuse Act (CFAA) began this week.  There has been some great coverage of the proceedings, including the following highlights:

Jurisdiction: 

Subject Area: 

Lori Drew Trial To Start Next Week

Believe it or not, the criminal case against Lori Drew heads to trial next Tuesday. Federal prosecutors in Los Angeles indicted Drew last May for her alleged role in a hoax on MySpace directed at Megan Meier, a 13-year-old neighbor of Drew's who committed suicide in October 2006.  Prosecutors claim that Drew violated the Computer Fraud and Abuse Act (CFAA), 18 U.S.C.

Jurisdiction: 

Subject Area: 

Will Your ISP Stand Up for Your Free Speech Rights?

There are a lot of things to consider when making the decision to launch a blog or website, including questions of cost, ease of use, and ownership of content.  Understanding how these considerations impact your legal rights and potential liability can help you make an intelligent choice as to what platform to use and what precautions to take when you speak online (we've got a whole section on these concerns, and others, in our legal guide).  But one area most people tend to overlook is whether their

Subject Area: 

Berkman Cyberlaw Clinic, EFF, and Net Law Luminaries File Amicus Brief in Lori Drew Case

We've posted before (here and here) 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

Jurisdiction: 

Subject Area: 

New Jersey Prosecutors Set Sights on JuicyCampus

New Jersey prosecutors have subpoenaed the controversial gossip site JuicyCampus as part of an investigation into whether the site is violating the New Jersey Consumer Fraud Act.

Jurisdiction: 

Subject Area: 

Highlights from the Legal Guide: Getting Your Words and Other Content Out to the World

This is the second in a series of posts calling attention to some of the topics covered in the recently launched Citizen Media Law Project Legal Guide. The first topic we took up was choosing a business form for your online publishing activities. In this post we discuss the various issues, both legal and practical, that arise when you select a platform for your online speech.

Subject Area: 

Some Pointers on Website Terms of Use

Robert Niles, editor of the Online Journalism Review, posted a helpful article today about updating website Terms of Use in order to minimize inter-user abuse and conflict. He advocates telling users in plain language what rules the website expects them to follow when they post comments and suggests rules prohibiting impersonation, offline harassment, and the creation of multiple unlinked user accounts. He also recommends that websites adopt explicit rules setting forth the parameters for permitted commercial solicitation (if any). His remarks on impersonation are worth excerpting in full:

Insist that readers be who they are, and not attempt to pass themselves off as someone else. If you[r] site allows pseudonymous posting, insist that readers use a consistent handle or account name, and take whatever technical steps you can to keep people from posting under others' names.

Don't allow readers to mislead others about their identity, either. Warn readers against omitting information from their profiles or posts that would lead other readers to believe that they are someone other than who they are. Elected officials shouldn't be allowed to pretend that they are not when posting to a discussion about local politics, to use the Telegraph's example.

These recommendations are important from a practical, ethical perspective more so than from a legal perspective because CDA 230 (47 U.S.C. § 230(c)(1)) gives website operators immunity for publishing content submitted by others under most circumstances. From this practical, ethical perspective, however, I agree wholeheartedly with Niles. There is a difference between respecting and promoting a user's ability to engage in anonymous speech and allowing a user to mislead others and manipulate the tools put at his/her disposal. Perhaps a Term prohibiting impersonation would be hard to enforce (maybe not?) -- at the very least, a Term of this kind puts users on notice about what kind of community you want to create and makes a statement about engaging in speech and debate responsibly.

Subject Area: 

Pages

Subscribe to Terms and Conditions