Pursuant to Section 230 of the Communications Decency Act, no provider of an interactive computer service may be treated as the publisher of information provided by another information content provider. See 47 U.S.C. § 230(c)(1). The term “interactive computer service” means any information service, system, or access software provider that…
A defamatory statement is one that injures the reputation of another. The common-law torts of libel and slander punish the publication of statements that are both defamatory and false. Generally, a libelous statement is a false and defamatory statement published in writing. A slanderous statement is a false and defamatory…
In New York Times Co. v. Sullivan, 376 U.S. 254 (1964), the United States Supreme Court ruled that the First Amendment limits common-law defamation claims brought by public officials. The Court held that to recover for publication of a defamatory falsehood, a public official must prove that the challenged statement…
On July 20, 2011, according to the leaders of the Senate Armed Services Committee, the Defense Department has failed to deliver to Congress a report on cyber warfare policies which may clarify the legal authorities and rules of engagement to be used in the event of a cyber attack. Senators…
The FBI is in the beginning stages of its probe of News Corp. (NasdaqGS: NWSA) as investigators evaluate whether United States charges can be brought over claims employees hacked into a rival’s website and sought access to phone records of victims of the 9/11 attacks, a person who is familiar…
Civil Rights – Social networking website was not “place of public accommodation” within meaning of Title III of Americans with Disabilities Act (“ADA”). Plaintiff Karen Beth Young brings this action against Defendant Facebook, Inc., alleging violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq., the…
The campaign to persuade the judiciary to apply personal privacy principles to corporations has suffered two recent body blows. On March 1st, the U.S. Supreme Court held in Federal Communications Comm. v. AT&T, Inc., 2011 U.S. LEXIS 1899 (2011) that the exemption in the Freedom of Information Act for matter…
California Supreme Court Holds that ZIP Codes are “Personal Identification Information” In a broadly-worded unanimous ruling, the California Supreme Court recently overruled lower court decisions to hold that businesses cannot request and record ZIP codes as a condition to credit card transactions, because ZIP codes are “personal identification information” under…
Critics of “three-strikes” laws think society risks disenfranchising large segments of the population, especially with outdated copyright laws more relevant to a world before digital distribution. In an age of growing attempts by copyright holders to implement so-called “three-strikes” legislation to deal with online piracy, some think Internet disconnection for…
Is text-messaging protected against surveillance by an employer? Currently, it is if the employer is a governmental entity. But for how long? The Supreme Court recently agreed to review the Ninth Circuit’s panel opinion in Quon v. Arch Wireless, 529 F.3d 892 (9th Cir. 2008), cert. granted sub. nom. City…