We’ve discussed how the states have passed privacy laws to protect their residents. We have also referenced the state and federal rules or regulations that are designed to promote transparency, security, accuracy, proper data collection, and accountability. The Federal Constitution has not expressly mentioned the right to privacy. However, under…
We have briefly discussed some of the state and federal privacy laws that are applicable to consumers and commercial organizations. It is important to understand how personal information is being obtained and distributed by businesses. Personal information is also being obtained and distributed by bad actors – i.e., criminals who…
The Eliminating Abuse and Rampant Neglect of Interactive Technology (“EARN IT”) Act is a proposed bill that is designed to permit government agencies scan online messages and prevent child sexual exploitations. It is meant to force websites remove child abuse images from their platforms. The advocates argue it is necessary…
Free speech and censorship laws have clashed for a very long time in this country. On one hand, we have the constitutional right to free speech. On the other hand, there are limitations that can be applied on a case-by-case basis. In short, speech can be censored if it includes…
On April 10, 2018, Mark Zuckerberg, founder and chief executive of Facebook, took a chair beneath an array of Senators to answer for the uneasiness his company’s behavior had been giving the public. The testimony comprised a broad variety of concerns – from user privacy to election meddling, to misinformation…
In a current dispute between Google and a Canadian company over de-indexing a competitor, Google is doing everything in its power to avoid the court order. Not necessarily because it believes in the innocence of Datalink, but because to de-index would be removing an important immunity under current U.S. laws.…
The Supreme Court recently reviewed Matal, Interim Director, United States Patent and Trademark Office v. Tam (Matal v. Tam), which deals with trademark laws and what can be trademarked. In fact, before the case reached the Supreme Court, we have previously discussed how much is unsettled in this area of…
The United States Supreme Court has accepted a new case that implicates cell-phone location privacy. The case of Carpenter v. United States was decided by the Sixth Circuit and now the Supreme Court will issue a decision in the future as to whether the lower court’s decision was correct. The…
Following from libel proof individuals to the realm of Twitter, and the “Wild-West” approach towards online statements, comes an interesting idea. It is given that most people will communicate anonymously on the web. So, if a person is a victim of libel, then how can he/she recover? The online service…
On the Internet, individuals can go out and make attempts to rib each other, or to mock certain celebrities or infamous individuals. This opens the realm of libel and slander laws to expand towards online activities. Yet, depending on the person’s history, defamation may be borderline impossible. If defamation is…