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,…
Internet Lawyer Blog
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…
Enforcing International Arbitration Awards
Often times legal disputes can involve foreign entities or even foreign laws. Where these disputes also deal with the United States, domestic laws will come into play. In 1958, the United Nations adopted the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is also called the New…
Stored Communications Act Covers Facebook Posts
The expansion of social media networks has helped connect people and ideas all over the world. However, it has also raised substantial privacy concerns as more people store personal information on the web. Congress has enacted legislation in an effort to circumvent the dangers associated with online networks–for example, the…
California’s Anti-Spam Statute
In recent years, electronic spam has become a public nuisance. In response, several states, including, but not limited to, California, have enacted statutes to prevent electronic spam. As with most legislation that deals with the constantly-changing nature of the web, these statutes struggle to define the extent of their application…
Software Copyright and Patent Protections
In general, both copyright and patent laws provide different levels of protection for computer software. Additionally, depending on the aspects of software that an owner wants to protect, these two areas of law will apply differently. Furthermore, securing a patent is a more rigorous process. However, a patent does provide…
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…
ACPA and Contributory Cybersquatting Theory
In a recent case, Petronas v. Godaddy.com, the Ninth Circuit held that “contributory cybersquatting” was not a valid theory for relief. This case addressed the issue of whether the Anti-Cybersquatting Consumer Protection Act (“ACPA”) allows for secondary liability. What Are the Facts? Plaintiff, Petroliam Nasional Berhad (aka “Petronas”) is a…
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…
Wiretapping and Privacy Laws
In 2013, Edward Snowden, a former CIA employee, and National Security Agency (“NSA”) contractor, leaked top secret documents to the public. These documents detailed the NSA’s controversial electronic surveillance practices and procedures, sparking a debate about wiretapping and privacy laws. Snowden revealed that the government employed questionable electronic surveillance programs.…