Court: Google isn’t liable if your name turns up near something you don’t like

7 03 2013
Have you ever heard of a Wisconsin woman named Beverly Stayart? Unless you follow semi-obscure legal cases or live in Elkhorn, Wisconsin, the answer is probably no.

Stayart is a middle-aged woman who describes herself on her Tumblr page as the “CFO and Director of Business Development for Stayart Law Offices.” For years now, her name has popped up alongside listings for drugs such as Cialis and links to websites hosting malware in search results on various search engines (including Alta Vista, Yahoo, and even AdultFriendFinder) as an apparent result of search engine optimization algorithms and auto-complete. As a result, she’s pursued lawsuits against these companies, arguing that they have violated her right to privacy by misappropriating her name and serving up ads or auto-suggesting search terms around her name.

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The content in this post was found at http://arstechnica.com/tech-policy/2013/03/court-google-isnt-liable-if-your-name-turns-up-near-something-you-dont-like/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



How a “revenge porn” site got built: Fake identities to trade photos

25 02 2013
Earlier this month, “revenge porn” entrepreneur Craig Brittain sat for an on-camera interview with CBS4-Denver, where he explained how his website IsAnybodyDown is nothing more than “entertainment.” Brittain’s site shows nude pictures of people, mostly women, without their consent, along with their personal contact info. The website advertises links to a service called “Takedown Hammer” which promises to get victims off the site if they pay $250. Many assume the “Hammer” is Brittain, since its e-mails come from the same IP address; Brittain denies it. In any case, to many of the victims, Brittain’s site looks like a simple extortion scheme.Now, Brian Maass, the same CBS4 reporter who investigated Brittain in that piece, has a new piece up in which he may have caught Brittain in an even more serious lie.

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The content in this post was found at http://arstechnica.com/tech-policy/2013/02/how-a-revenge-porn-site-got-built-fake-identities-to-trade-photos/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute along the Way

6 02 2013

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party. The plaintiff claimed that he had notified the employer that the employee was threatening and harassing him, but the employer failed to take action to stop the employee’s conduct. Lansing v. Southwest Airlines Co., 2012 IL App (1st) 101164 (Ill. Ct. App. June 8, 2012).

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The content in this post was found at http://newmedialaw.proskauer.com/2012/06/29/state-appeals-court-concludes-employer-not-protected-by-cda-section-230-in-employee-stalking-case-and-seems-to-shrink-the-statute-along-the-way/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Stored Communications Act Does Not Bar Discovery of Employee Phone Records–Mintz v. Bartelstein Assocs.

1 09 2012

[Post by Venkat Balasubramani]

Mintz v. Bartelstein & Assocs, CV 12 02554 SVW (SSx) (Aug. 14, 2012)

Mintz is a sports agent who represents among others, some NBA players. He worked for Bartelstein & Associates for 11 years. After leaving to accept a position with a competitor (CAA), he sought declaratory relief to invalidate his non-compete agreement. Bartelstein counterclaimed saying that Mintz allegedly misappropriated trade secrets and conspired with Mintz’s current employer to steal clients. Bartelstein subpoenaed Mintz’s phone records from AT&T. The subpoena sought ten categories of documents, the bulk of which related to the dates, times, and numbers/accounts for Mintz’s phone calls. The court grants in part and denies in part Mintz’s motion to quash the subpoena as follows:

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The content in this post was found at http://blog.ericgoldman.org/archives/2012/08/stored_communic.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



"Hot Topics in Internet Law" Talk Slides

5 06 2012

By Eric Goldman

This weekend I presented on “Hot Topics in Internet Law” at the San Francisco IP Law Association’s Spring Seminar in Healdsburg. My talk slides. A few photos from the trip. As I’ve mentioned before, I find “hot topics” talks unusually challenging to prepare–they take much more time than normal talks, they are hard to organize, and they have a high risk of preemption by prior speakers. In addition to quick coverage of a number of topics, I focused on 5 broader topics (I only addressed 3 in the time I had):

* intermediary deputization
* consumer reviews
* social media account disputes
* trolling
* new gTLDs

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The content in this post was found at http://blog.ericgoldman.org/archives/2012/06/hot_topics_in_i.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.