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
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…
Doing Online Reputation Management? Don’t Do It This Way (Forbes Cross-Post)
Recently, I got two identical emails from info@infringex.com sending me a “Notice of Infringement of Defamation.” The notice informs me that a 2012 blog post–written by my perma-guest blogger, Venkat–makes public comments about the purported sender. It further says that…
Online Magazine Gets Section 230 Protection For Third Party Article–AdvanFort v. International Registries
If I didn’t practice Internet law, I might have chosen maritime law. Their disputes are often interesting. This particular case sounds like a movie plotline. AdvanFort provides armed guards to ships worried about piracy (the real kind…you know, on the…
Blogger Isn’t Liable For Anonymous Reader Comments–Mezzacappa v. O’Hare
Bernie O’Hare ran a blog called “Lehigh Valley Ramblings.” I’m focusing on the court’s treatment of four anonymous comments posted in response to O’Hare’s blogging about Tricia Mezzacappa. In general, bloggers aren’t liable for reader comments per Section 230. See…
LinkedIn’s “Reference Search” Service Doesn’t Violate Fair Credit Reporting Act–Sweet v. LinkedIn
Plaintiffs alleged that potential employers found references about them through LinkedIn’s Reference Searches functions, they were denied employment as a result, and thus LinkedIn violated the Fair Credit Reporting Act. LinkedIn users, including prospective employers, generally can search LinkedIn user…
Europe’s Antitrust Move Against Google: A Linkwrap
For outside observers, it’s always thrilling to see two elephants like the EC and Google go tusk-to-tusk in a high-stakes battle. Normally, the government holds the edge in such clashes; after all, their enforcement resources are functionally limitless. But Google’s…
Union Isn’t Liable For Members’ Posts To Private Facebook Group–Weigand v. NLRB
This case relates to a bus drivers’ strike in 2012. During the strike, union members posted “impassioned and bellicose” comments about the strike on the union’s Facebook page, which was accessible only to union members. The union didn’t authorize those…
Q4 2014 & Q1 2015 Quick Links Part 7 (Consumer Reviews, RTBF, Defamation, Censorship, Sec. 230)
International Censorship * WaPo: This was the Internet’s worst, best year ever * Wired: Russia’s Creeping Descent Into Internet Censorship * Washington Post: Russia just made a ton of Internet memes illegal * NY Times: Hungary Drops Internet Tax Plan…
What Bothers Brussels: Geoblocking on the Front Burner of the EU Commission (Guest Blog Post)
By guest blogger Marketa Trimble In 2012, when my article on the legal implications of the evasion of geolocation was published, the topic concerned an obscure problem that was of interest to few internet users – not many people were…