United States: Supreme Court considers privacy rights in the digital age – Oliver Persey

14 12 2017

On Wednesday 29 November 2017, the Supreme Court of the United States (“the Court”) heard oral argument in Carpenter v. the United States. The issue in Carpenter is whether a warrantless seizure and search of records showing the location of a person’s mobile phone (Cell-Site Location Information – CSLI) over the course of 5 months is permitted by the Fourth Amendment of the United States Constitution. Read the rest of this entry »





United States: Companies need confidentiality clauses, but not to muzzle sexual abuse victims – Elizabeth C. Tippett

23 11 2017

File 20171121 6016 1jw9l6g.jpg?ixlib=rb 1.1Harassment and abuse accusations against Harvey Weinstein and other prominent men, like Bill O’Reilly, have revealed a trail of settlement agreements in their wake, many of which contained language that prevented victims from speaking publicly. Read the rest of this entry »





United States: A Collection of Articles Commemorating Zeran v. AOL the key decision on Section 230 immunity

18 11 2017

Two US academics, Eric Goldman and Jeff Kosseff, have put together an interesting collection of articles on Section 230 of the Communications Decency Act and, to mark the twentieth anniversary of the pivotal decision in Zeran v AOL – which they describe as “internet law’s most important decision“. Read the rest of this entry »





United States: Copyright and Artificial Intelligence – Ed Klaris and Alexia Bedat

24 10 2017

A photographer whose camera was used by a monkey to take a selfie recently settled a two-year legal battle against an animal rights group about copyright over the image.  The lower court had denied the monkey a copyright, but the parties decided to settle before facing the appeals court. Read the rest of this entry »





United States: How public feuds on social media and reality TV play out​ in court – Shontavia Johnson

28 07 2017

File 20170725 28293 13xq8a7Free expression on TV and social media generates big ratings and even bigger online followings. Unscripted reality stars claim to bring their authentic expressions to the public through these channels. Beyond influencing the court of public opinion, though, can reality stars wind up in legal trouble for these actions? Read the rest of this entry »





Is there a First Amendment right to follow President Trump’s Twitter account? – Clay Calvert

13 06 2017

President Donald Trump’s fondness for criticizing news organizations, “heckling journalists” and spouting points of public policy via his Twitter account is clear. News of his nomination of Christopher Wray to be the next FBI director, for example, came by tweet. Read the rest of this entry »





Damages and compensation for invasion of privacy and data protection infringements – Eoin O’Dell [updated]

16 05 2017

The saga in Bollea v Gawker shows two remedies for invasion of privacy. Hulk Hogan (real name, Terry Gene Bollea; pictured left), is a former professional wrestler and American television personality. Gawker was a celebrity news and gossip blog based in New York. In October 2012, Gawker posted portions of a secretly-recorded video of Hogan having sex in 2006 with one Heather Cole, who (as Heather Clem) was the then-wife of his then-best-friend (the wonderfully-monikered radio personality Bubba “the Love Sponge” Clem). Read the rest of this entry »