Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For Apple, a Search for a…

Homeowner's Insurance Policy Doesn't Apply To Cyberharassment Campaign Allegations--State Farm v. El-Moslimany

Homeowner’s Insurance Policy Doesn’t Apply To Cyberharassment Campaign Allegations–State Farm v. El-Moslimany

This is an insurance coverage dispute arising out of a defamation lawsuit. Sindi sued El-Moslimany in Massachusetts alleging that El-Moslimany engaged in a campaign to “embarrass, humiliate, and destroy” Sindi through perpetuating falsehoods. Sindi describes herself as a scientist, entrepreneur,…

Alleged "Conspiracy" Among Disgruntled Ex-Employees Defeats Section 230--Tanisha v. Chandra

Alleged “Conspiracy” Among Disgruntled Ex-Employees Defeats Section 230–Tanisha v. Chandra

[Note: as I’ve mentioned before, sometimes Westlaw randomly spits out cases months after they were issued. This opinion is 4 months old but just appeared in my Westlaw alerts this week. Despite its age, I’m blogging it because of its…

Big Win For Free Speech Online In Backpage Lawsuit (Forbes Cross-Post)

Big Win For Free Speech Online In Backpage Lawsuit (Forbes Cross-Post)

Regulators and plaintiffs have been trying to eradicate online prostitution ads for a decade. These efforts have been partially hampered by 47 U.S.C. 230 (Section 230), a law Congress enacted in 1996 to protect websites from liability for third party…

Facebook Isn't Liable For Fake User Account Containing Non-Consensual Pornography--Caraccioli v. Facebook (Forbes Cross-Post)

Facebook Isn’t Liable For Fake User Account Containing Non-Consensual Pornography–Caraccioli v. Facebook (Forbes Cross-Post)

Franco Caraccioli is a third-year law student in San Diego. For reasons not explained in the opinion, someone created a fake Facebook account named “Franco Caracciolijerkingman” and posted photos and videos of Caraccioli “sexually arousing or pleasuring himself.” (All facts…

Customer Loses Suit Over Employees' Disparaging Facebook Posts--Howard v. Hertz

Customer Loses Suit Over Employees’ Disparaging Facebook Posts–Howard v. Hertz

This is a case involving allegedly discriminatory and disparaging Facebook posts made by a Hertz employee. A customer (Maurice Howard) alleged that he was the subject of a Facbook posts and comments by Hertz employees. The initial post, by Shawn…

Posting Vacation Photos To Facebook Costs An Employee His Job--Jones v. Accentia (Forbes Cross-Post)

Posting Vacation Photos To Facebook Costs An Employee His Job–Jones v. Accentia (Forbes Cross-Post)

[Note: inexplicably, over at Forbes, this became my most-read blog post ever, with about a quarter-million views–even though it’s a short, breezy and quickly written post that I posted during the dead time of Sunday mid-morning.] Before the Internet, people…

Courtney Love Defeats Twibel Claims--Holmes v. Love

Courtney Love Defeats Twibel Claims–Holmes v. Love

Courtney Love Cobain, tweeting with two twitter users (“fairnewsspears” and “noozjunkie”), stated she: was fucking devasted when Rhonda J. Holmes, Esquire, of San Diego was bought off @FairNewsSpears perhaps you can get a quote Holmes was a lawyer who had…

Section 230 Doesn't Protect Summaries of Third Party Remarks--Diamond Ranch Academy v. Filer

Section 230 Doesn’t Protect Summaries of Third Party Remarks–Diamond Ranch Academy v. Filer

Diamond Ranch Academy runs a “residential youth treatment facility” in Utah. Chelsea Filer (nee Chelsea Papciak) runs a website, DRASurvivors.com, critical of Diamond Ranch Academy. Diamond Ranch Academy sued her for defamation and tortious interference in Utah. For reasons not…

High Schooler's "Murder" Tweet Isn't "Cyberstalking"--State v. Kohonen

High Schooler’s “Murder” Tweet Isn’t “Cyberstalking”–State v. Kohonen

Ruh roh. Teens and Twitter. What could possibly go wrong? In 8th grade, SG reported Jessica Kohonen’s behavior, which led to her suspension. [Note: the court uses the alias JK in the opinion but the caption has Jessica’s full name….