Sending Emails Isn't Workplace Stalking--People v. Marian

Sending Emails Isn’t Workplace Stalking–People v. Marian

Do you remember the 1990s debates over whether cyberspace is a “place,” and why that might matter? Yeah, we’re back to that. This case involves N.Y. Penal Law § 120.45(3), which occurs when a person (emphasis added): intentionally, and for…

Lawyer Loses License Due To Overzealous Social Media Activism For Client--In re McCool

Lawyer Loses License Due To Overzealous Social Media Activism For Client–In re McCool

Raven Skye Boyd Maurer and attorney Joyce Nanine McCool were friends. Raven had a bitter custody dispute with her ex-husband. Among other points of contention, Raven accused her ex-husband of sexually abusing the kids. Raven sought to terminate his parental…

Q2 2015 Quick Links, Part 2 (Censorship and More)

Q2 2015 Quick Links, Part 2 (Censorship and More)

Content Regulation * Oxera: The economic impact of safe harbours on Internet intermediary start-ups * South Korea is mandating that all cellphones sold to minors have an app called “Smart Sheriff” that censors their online experience. What could possibly go…

When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often

When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often

The “Twitter joke trial,” where a UK man was prosecuted for joking about blowing up an airport, made waves and resulted in widespread criticism, but recent cases in the US show that prosecutions for jokey threats over social media are…

North Carolina Cyber-Bullying Statute Survives First Amendment Challenge

North Carolina Cyber-Bullying Statute Survives First Amendment Challenge

Defendant was accused of cyberbullying over posts he made about (and to) his high school classmate (Dillon) on Facebook. The opinion is unclear on the precise nature of the original post and whether defendant initiated the post, or offered comments,…

Court Rejects First Amendment Challenge Against Cyberharassment Charge

Court Rejects First Amendment Challenge Against Cyberharassment Charge

Defendant worked at the Leukemia and Lymphoma Society. He pled guilty to bribery, mail fraud, and conspiracy related to his allocation of printing contracts at LLS. He was sentenced to five years. John Walter, then LLS’s CEO, apparently provided information…

Section 230(c)(2) Gets No Luv From the Courts--Song Fi v. Google

Section 230(c)(2) Gets No Luv From the Courts–Song Fi v. Google

This is one of several pending cases where a video poster sues YouTube for allegedly wrongful takedown of the video. I find these cases fascinating because I always wonder how there’s enough money at issue to justify litigation. Unfortunately, I…

Sixth Circuit Says Informational Fax Isn't an "Ad"--Sandusky v. Medco

Sixth Circuit Says Informational Fax Isn’t an “Ad”–Sandusky v. Medco

Medco is a “pharmacy benefit manager” (an intermediary between employers/health plan sponsors and drug companies). It sent two faxes to Sandusky Wellness Center, a health care provider, advising that many Sandusky patients had adopted Medco’s formulary, and encouraging Sandusky to…

Federal Criminal "True Threats" Require More Than Negligence--Elonis v. U.S.

Federal Criminal “True Threats” Require More Than Negligence–Elonis v. U.S.

The Supreme Court issued its long-awaited decision in Elonis (the so-called “Facebook threats” case) today. Elonis was convicted of posting rap lyrics that were allegedly threatening to his now ex-wife and to law enforcement officers. The trial court used a…

Washington Anti-SLAPP Statute Violates Right To Jury Trial--Davis v. Cox

Washington Anti-SLAPP Statute Violates Right To Jury Trial–Davis v. Cox

The Washington State Supreme Court struck down the state’s anti-SLAPP statute on the basis that it violates a plaintiff’s right to a jury trial. This ruling comes on the heels of the District of Columbia Circuit’s holding that state anti-SLAPP…