California’s New Law Shows It’s Not Easy To Regulate Revenge Porn (Forbes Cross-Post)
California enacted a new law against “revenge” porn, sometimes called “involuntary” porn. SB 255, codified as California Penal Code 647(j)(4). The law says it is “disorderly conduct” for a defendant to take intimate and confidential recordings, such as photos or…
CFP: Fourth Internet Law Work-in-Progress Symposium, NYC, March 8, 2014
FIRST CALL FOR PAPERS ******************************************************** Fourth Internet Law Work-in-Progress Symposium March 8, 2014, New York Law School ******************************************************** The Institute for Information Law and Policy at New York Law School and the High Tech Law Institute at Santa Clara University…
How California’s New ‘Do-Not-Track’ Law Will Hurt Consumers (Forbes Cross-Post)
California enacted a new law (AB 370) requiring many websites to disclose more information about how they track users. Websites that collect personal information about their users must disclose (1) how they respond to a web browser’s “do not track”…
Presentation About the Problems of Online Trespass to Chattels
You may recall my prior post where I outlined my conceptual objections to online trespass to chattels doctrines, including the common law, the Computer Fraud & Abuse Act and state computer crime laws like California Penal Code Sec. 502. As…
California’s Latest Effort To Keep Some Ads From Reaching Kids Is Misguided And Unconstitutional (Forbes Cross-Post)
California recently enacted SB 568 (Business & Professions Code 22580) to prevent certain types of online advertising from being shown to kids. Like so many other state efforts to regulate the Internet, the new law takes an understandable regulatory objective…
California’s New ‘Online Eraser’ Law Should Be Erased (Forbes Cross-Post)
By Eric Goldman People mocked Google CEO Eric Schmidt for his 2010 suggestion that teenagers should change their names when they turn 18 to avoid the indiscreet and ill-advised Internet posts they made as youths. The California legislature thought it…
Call for Papers: WIPIP, Santa Clara University, Feb. 7-8, 2014
By Eric Goldman The High Tech Law Institute invites you submit a paper proposal for the Eleventh Annual Works-in-Progress Intellectual Property Colloquium (WIPIP), to be held February 7-8, 2014, at Santa Clara University School of Law, Santa Clara, California. The…
Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up Post)
By Eric Goldman Craigslist Inc. v. 3Taps Inc., 2013 WL 4447520 (N.D. Cal. August 16, 2013) I ran out of time to blog this ruling when it first came out, but it’s worth noting now. You may recall this dispute…
Is There Any Way to Cure An “Accidental” Download of Child Pornography?
Crabtree v. Commonwealth of Kentucky, No. 2011-CA-000452-MR (Ky. Ct. App. Aug. 17, 2012) By Eric Goldman [Introductory note: this post has been percolating for quite some time, in part because of its troubling implications. The only definitive lesson–never EVER download…
Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority–Spam Arrest v. Replacements (Forbes Cross-Post)
By Eric Goldman Spam Arrest LLC v Replacements Ltd., 2013 WL 4675919 (W.D. Wash. Aug. 29, 2013) People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved…