This month, we’re looking at various constitutional issues and tangential actions. Of these, there’s a recent hot-button issue regarding the purpose of “freedom of speech” online. From fake news to political speech on websites, the notion of “what is allowed” and “what should be allowed” is still raised by people.…
Articles Posted in Constitutional Law
Communications Decency Act – Part II
In general, Section 230 of the Communications Decency Act is not only one for defamation, but entails a few exceptions where liability can be imposed on an interactive computer service (e.g., Facebook, Twitter, Tumblr). So, there are situations where an online business may be held responsible for another individual’s actions. …
Communications Decency Act – Part I
In a situation where an online forum allows creation of profiles with commenting capabilities, a user may take the initiative to defame an individual personally or professionally. The user may perform illegal actions using the online forum’s website, and in attempting to retrieve damages he/she has suffered, the defamed individual…
Trademarks: What Is Socially Acceptable?
Trademarks are a vital part of how your business is branded and how you appeal to clients and consumers. What about those trademarks that push the boundaries on what is socially acceptable? Generally, the government may not protect those marks that are beyond what is socially acceptable. What is socially…
Electronic Device Searches At United States Borders
It is common knowledge that travelers have to take their laptop out of their suitcase upon arrival at airports. However, not all people know the extent to which electronic devices can be confiscated and searched at the borders whether the traveler is a United States citizen or not. Why and…
Internet Rights v. Human Rights
During the course of history, the United States Constitution has been amended in order to achieve the best interests of the nation and citizens. However, technological advancements have posed as obstacles to the changes as internet and human rights have recently become issues. What is the relation between the Internet…
Online Free Speech Limitations: Elonis v. United States
On June 1, 2015, the Supreme Court of the United States ruled in favor of Anthony Elonis in Elonis v. United States, regarding free speech limitations as implemented via social media platforms. This ruling was the first time the Supreme Court raised implications of free speech related to social media.…
Smartphone GPS Tracking
With technological advances rendering complex cellular devices increasingly affordable, the majority of the world population is now using smartphones. Further, applications that employ global positioning system (GPS) tracking allow these worldwide smartphone users to take advantage of location-specific information and social networking. In addition, GPS technologies have aided law enforcement…
Cell Phone Privacy, GPS Technology, and Invasion of Privacy
In recent years, global positioning system (“GPS”) technology has increased in usage on various GPS-enabled devices (e.g., cars, smartcards, handheld computers, and cell phones). This technology brings value to its users, however, it has caused a significant decrease in privacy. Private and public organizations are able to collect and use…
Internet Websites and Jurisdiction
In recent times, a significant amount of business is conducted online. The Internet connects a business to customers anywhere in the world. What happens when a dispute arises between a business in one state and a customer in another? If the customer wants to bring legal action against the business…