Building Owner Can’t Discover the Identity of Tenant Who Writes Bashing Yelp Review (Forbes Cross-Post)
By Eric Goldman Brompton Building, LLC v. Yelp!, Inc., 2013 IL App (1st) 120547-U (Ill. App. Ct. Jan. 31, 2013) Battles over online anonymity aren’t new, and we’ve made a lot of progress clarifying the legal rules. Usually, when a…
Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211
[Post by Venkat Balasubramani] [Washington State’s Proposed Employer Social Media Password Legislation – SB 5211] Eric previously posted on his concerns about California’s law restricting employer access to social media accounts. The Washington State Senate recently proposed a law (SB…
“Privacy Policies in the United States” Presentation Slides
By Eric Goldman I recently guest lectured on drafting privacy policies in the United States. My presentation slides. One of my big-picture takeaway points is that privacy laws and associated industry self-regulation have gotten so extensive that drafting privacy policies…
California Supreme Court: Retail Privacy Statute Doesn’t Apply to Download Transactions – Apple v Superior Court (Krescent)
[Post by Venkat Balasubramani with comments from Eric] Apple v. Superior Court ex rel Krescent, S199384 (Cal. Sup. Ct. Feb. 4, 2013) In a divided ruling, the California Supreme Court held that California’s privacy statute restricting retailers from collecting personal…
State Laws Restricting Social Media Use by Sex Offenders Are Failing in Court
[Post by Venkat Balasubramani with comments by Eric] Statutory schemes in three different states intending to regulating the online activities of convicted sex offenders have meet with judicial disapproval. Doe v. Nebraska, 09CV456 (D. Neb. Oct. 17, 2012): Nebraska’s statute…
My Talk to High Schoolers About Accountability for Online Content
By Eric Goldman Earlier this month, I spoke at Los Altos High School as part of their “History Week” (check out that speaker roster!). The topic title is “Internet and Social Media Usage Rights,” which I turned into a talk…
Is Recusal Required When a Judge is Facebook “Friends” With a Prosecutor? Question Certified to Florida Supreme Court — Domville v. State
[Post by @VBalasubramani] Domville v. State, No. 4D12 556 (Fla. Dist. Ct. App. Jan. 16, 2013) [pdf] We blogged about a decision where a Florida court ruled that a judge who was hearing a criminal case and was Facebook friends…
Tenured Teacher Properly Fired for Facebook Quips About Her Students–In re Tenure Hearing of Jennifer O’Brien
[Post by Venkat Balasubramani with comments by Eric] In the Matter of the Tenure Hearing of Jennifer O’Brien, State Operated School District of the City of Patterson, Passaic County, 2013 WL 132508 (Jan. 11, 2013) [pdf] O’Brien taught in New…
Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)
By Eric Goldman I’m pleased to share my list of top 10 developments of 2012: #10: The Push Towards Anti-Class Action Arbitration Clauses. In 2011, the U.S. Supreme Court ruled in AT&T Mobility v. Concepcion that businesses may be able to adopt mandatory…
Q4 2012 Quick Links, Part 2 (Privacy, Advertising, Content)
By Eric Goldman Privacy/Security * Knowing how the FTC is cracking down on privacy violations and deceptive persuasion techniques, it’s a little jarring to see how aggressive Obama’s campaign was on both fronts. NY Times (1, 2), WSJ and Time….