In a decision released June 25, 2014, the United States Supreme Court held that law enforcement officials could not search a suspect’s cell phone or electronic devices as part of an arrest. In Riley v. California, the Supreme Court maintained that the officials would need to secure a warrant to…
Articles Posted in Constitutional Law
The Right To Be Forgotten
The European community has been making great strides to establish and protect individual privacy in the globalized cyber community. On May 13, 2014, the European Court of Justice (“ECJ”) issued a decision that European Union (“EU”) citizens had a right to ask search engines to remove search results about themselves. …
Bloggers Enjoy the Same First Amendment Protection as Institutional Media
One of the fundamental constitutional protections is the freedom of press. Under the First Amendment of the United States Constitution, the press (i.e., journalists, reporters, newspapers) enjoys freedom from government censorship. However, this right must be balanced against the individual right to privacy. Furthermore, as an added protection for privacy,…
Twitter’s New Censorship Laws
In recent years, social media networks have proven to be an outlet for individuals to share personal views and opinions with the world. However, Twitter’s new censorship laws could dramatically change whether individuals can actually express their viewpoints over this social media site. Early in 2012, Twitter announced that it…
California’s New Digital Erase Law
On September 23, 2013, Governor Jerry Brown signed Senate Bill 568 (“SB 568”) into law, which requires social media sites to permit children to permanently erase online posts. These websites, including, but not limited to, Facebook, Twitter, and Tumblr, will have to provide options for users under the age of…
Lawsuits and Party Anonymity
In general, lawsuits involve harmed parties and controversial facts. However, in some cases, the facts are especially sensitive, posing serious detrimental consequences for one or more parties. This threat exists regardless of how the court decides the case. These cases include matters involving, among others, child victims, sexual abuse, and…
California Privacy Laws
In recent years, online transactions, such as activities on social media networks, have exposed personal privacy to greater risks. With so much personal information available over the Internet, it is increasingly important to be aware of the applicable laws, so that your privacy is better enforced and protected. The risks…
Managing Celebrity’s Image in Cyberspace
A celebrity’s image is the most vital marketable quality in the business of entertainment. Indeed, this image, like other forms of intellectual property, is very much the product that a famous personality offers into the economy for a profit. However, while other forms of intellectual property enjoy protection under copyright…
Kirtsaeng v. John Wiley & Sons, Inc. and Copyright Law Implications
On March 19, 2013, the Supreme Court reached a decision in Kirtsaeng v. John Wiley & Sons, Inc. In this case, respondent John Wiley & Sons, Inc. (“Wiley”), a publisher, brought suit against Petitioner Supap Kirtsaeng alleging violation of the Copyright Act, under Title 17 U.S.C. §§ 101-810. Kirstaeng a…
Impact of ObamaCare on Small Business
President Obama signed the Patient Protection and Affordable Care Act (“Act”), or ObamaCare, as it is more commonly known, into law on March 23, 2010. The Act intends to decrease the number of Americans who do not have medical insurance. Additionally, the Act aims to decrease the overall cost of…