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Citizen Media Law Project

Legal training and resources to protect free online speech. Advocacy for citizen participation in online media.
By Berkman Center for Internet & Society at Harvard Law School and the Center for Citizen Media

Post Frequency: 3.9/day

Last Entry: July 20, 2010 at 10:11:43

Please Sue Me: Is "Please Rob Me" A New Test for Section 230?

Posted on February 23, 2010
Just over a year ago, the rumormonger?and some would say defamatory?website JuicyCampus.com shut down. At the time, I wrote "there's one (and only one) downer to Juicy Campus' shutdown . . . a lawsuit against Juicy Campus could have served as a very interesting test case for the limits of Section 230 immunity...

The Rhythm Method: Sinking U-boats and Online Anonymity Through Typing Tendencies

Posted on February 22, 2010
"If we walk without rhythm, we won't attract the worm.? ? Dune; see also Weapon of Choice, Fat Boy Slim Corporations are resurrecting a blast from the past in order to identify online users. And unlike earlier attempts to trace users, this method is behavioral...

Hello Gorgeous! The Streisand Effect Survives Assassination Attempt

Posted on February 19, 2010
I have written plenty of posts in which I have opined that sue-happy entities simply do not understand the Streisand Effect. That is, they do not grasp that the Internet has fundamentally changed the economics of menace: attempts to gag individuals will only result in a greater publication of those pieces of information that the litigant is trying to hide...

Infomercial King Gets 30-Day Sentence for EMail Barrage

Posted on February 17, 2010
According to infomercial pitchman Kevin Trudeau, there are numerous "truths"?natural cures to diseases and medical conditions, weight-loss plans, debt-relief strategies, and government grant programs?that "they" (the government, big business, and the mainstream media) don't want you to know about...

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Photographing Public Art: A Legal Waltz in Seattle

Posted on February 17, 2010
To photographer Mike Hipple, the claim is baseless. The photo he took about 10 years ago of a woman standing near the "Dance Steps on Broadway" sculpture in Seattle's Capitol Hill is an example of fair use. If it's not, he reasons, the right of all photographers to take pictures in public will be in jeopardy...

Fortress Iceland? Probably Not.

Posted on February 16, 2010
Today, the Icelandic Modern Media Initiative ("IMMI") will file a final proposal to the Icelandic parliament to update that nation's journalism laws into a reporter's dream.� But frankly, I'm pretty sure it won't be much help to journalists around the world...

Google's MP3 Blog Removals: Bloggers, It's Up to You

Posted on February 15, 2010
That feeling?as if a couple dozen voices cried out in terror and were suddenly silenced. If you felt some similar disturbance in the force last week, you might be aware that Google pulled the plug on several MP3 blogs it had previously hosted on its Blogspot service...

Does This Look Infected to You? Government Virus as Counter-Proposal to FBI's URL Demands

Posted on February 12, 2010
So here is a nice and scary development. It appears that the FBI wants Internet Service Providers (ISPs) to keep a log of the url's visited by consumers. Wait it gets better. This log would be retained for two years. AND, a complete url listing would require deep packet inspection, which is a no-no under the Wiretap Act...

The Catsouras Photos: Will a Family's Privacy Interest Impede Press Access?

Posted on February 11, 2010
The tragic story of Nikki Catsouras continues. I considered not giving yet more attention to the horrific accident photos she is now most known for, but the case still elicits a great deal of emotion and for that very reason it's important to address the law that is being decided in California...

Federal Courts to Jurors on Social Media: Don't Do It

Posted on February 10, 2010
Following the approach taken by several state courts, in late January the U.S. Judicial Conference?which sets policies for all federal courts except the Supreme Court?sent all federal district judges suggested jury instructions on "juror use of electronic communication technologies" during trial...

Olympic Athletes Can Tweet to Their Hearts' Content

Posted on February 09, 2010
Rejoice, all ye Olympian fans, the International Olympic Committee ("IOC") has said that its athletes can use Twitter! Apparently there's been some confusion among Olympic athletes as to whether they were allowed to "tweet," as the kids call it...

Let's Make A Deal! Will ACTA Force an End to Executive Agreements?

Posted on February 09, 2010
Things aren't looking good for the American public. While Americans generally love the idea of being tough on crime, I doubt grandmothers want to ardently police the online habits of their grandchildren. But surprise, surprise, the negotiators hammering out the details on the Anti-Counterfeiting Trade Agreement (ACTA) have placed a three-strikes Internet ban on the agenda...

The Borings Are Back! Lawsuit Against Google Revived on Trespassing Theory

Posted on February 08, 2010
Of all the crazy things I've seen on the Street View feature of Google Maps, including house fires, medieval sword fights, supposed crimes in progress, people being pulled over (including the occasional Google vehicle speeding violation), I can't say that Aaron and Christine Boring's Pennsylvanian home rates high on my list of interesting vistas...

Just Say No to the Sewer: Section 230 No Obstacle to Editing Comments

Posted on February 05, 2010
If you're a fan of high-tech gadgets or Internet drama, you might have noticed the brouhaha brewing at Engadget this week. Long known for its comment sections ranking just above the YouTube level on the scale of man's inhumanity to man, the site prompted a new wave of bile last week with its coverage of Apple's iPad announcement...

Denying Anti-SLAPP Coverage, Massachusetts High Court Draws Activist/Journalist Boundary

Posted on February 04, 2010
A ruling by the highest court in Massachusetts could impact the methods that activists use to advocate their causes, by setting a boundary between activism that is protected by the state's anti-SLAPP statute and factual reporting, which is not. Earlier this week, the Massachusetts Supreme Judicial Court (SJC) ruled in Fustolo v...

Pete Bouchard and the Battle Against Bogus Takedowns

Posted on February 03, 2010
I'm not one for local news broadcasts. When I do watch, it's to enjoy the unintentional humor brilliantly parodied by those like the Onion News Network. But WHDH-TV's Pete Bouchard recently made me reconsider the comedic opportunities of local news, delivering an instant classic one-liner that quickly found its way onto YouTube...

Wikileaks Needs Financial Help

Posted on February 02, 2010
I have a pet theory that perfect informational transparency would make the world a more civil place.� Sure, it might be embarrassing to reveal our personal secrets and foibles to the world, but the tradeoff would be that you'd know when someone was talking out of both sides of their mouth...

Online Media Legal Network Announces Partnership with National Freedom of Information Coalition

Posted on February 01, 2010
The Citizen Media Law Project is pleased to announce that its Online Media Legal Network (OMLN) is partnering with the National Freedom of Information Coalition (NFOIC) to assist with freedom of information lawsuits and to provide online journalists with FOI information and assistance...

Each Man an Island? Record Industry Denies that Three Strikes Ban Will Be Collective Punishment

Posted on January 29, 2010
No man is an island, no man stands alone Each man's joy is joy to me Each man's grief is my own We need one another, so I will defend Each man as my brother Each man as my friend -No Man Is An Island, Traditional It looks like Britain is seriously considering going ahead with its three strikes Internet ban for accused pirates...

Open Government Data Presents New Journalism Opportunities and Legal Challenges

Posted on January 28, 2010
It?s been a long time since a printed newspaper delivered to your doorstep or purchased on your way to work was the only way to get your daily dose of news. Now you can access those news publications on a laptop, smartphone, e-book reader, or?soon?on Apple?s tablet...

EMI/Vimeo Lawsuit Leaves Lip-Dubbers Speechless

Posted on January 27, 2010
A group of friends gathered after work a few years ago to record what may be now the most popular performance of Harvey Danger's "Flagpole Sitta." In a video that has since been viewed more than 2 million times on Vimeo, the 30 or so friends took turns lip-syncing, dancing and then ultimately falling to the floor as a group at the song's end...

Did the US Enable Chinese Hackers to Crack Google?

Posted on January 26, 2010
If you're a regular user of the Webtubes?and if you're reading this blog, you probably are?you're well aware of the kerfuffle that ensued after Google's decision to cease its search-engine operations in China.� And naturally, it's now become a political issue between the US and China...

Courts In Maryland, New Jersey, Florida Declare Mistrials After Juror Internet Research

Posted on January 25, 2010
Appeals courts in Maryland and New Jersey appear to be the first to reverse jury verdicts because of social media use by jurors during trial. I wrote about the issue of jurors' use of social media back in May, and reported: "there do not appear to be any cases in which courts overturned a jury verdict or ordered a new trial because of use of social media by jurors during trial...

Florida Court Restricts Reporter's Use of Laptop During Murder Trial

Posted on January 22, 2010
As if there hasn't been enough judicial scrutiny of live media coverage during ongoing trials recently, last week a Florida court banned a Florida Times-Union reporter from live-blogging during a high-profile murder trial in the Fourth Judicial Circuit Court of Duval County, Florida...

Landlord's Defamation Suit Against Tenant Over Moldy Apartment Tweet Dismissed

Posted on January 21, 2010
Andrew Wang of Chicago Breaking News reports that an Illinois judge has dismissed Horizon Realty Group's defamation lawsuit against Amanda Bonnen. Surely you remember this gem from last summer? The landlord that sued its tenant for tweeting to all of 20 followers that her apartment was moldy; the management company that made?and then backpedalled on?one of the greatest statements (foot-in-mouth-wise) of all time: "We're a sue first, ask questions later kind of an organization...

The Digital Riddle: When Sex Laws Meet the Internet, Confusion Reigns

Posted on January 19, 2010
Predictability is important when it comes to the law. Citizens should know what sort of punishment they should expect for engaging in criminal behavior. If offends our notions of justice when wildly different sentences are handed down for similar crimes...

The Double-Edged Sword of Online Free Speech

Posted on January 18, 2010
From a functional perspective, I think that the First Amendment is the most important amendment in the bunch, because it ensures that the people can denounce any injustices the government perpetrates.� To be sure, various other amendments bar greater evils than censorship?the Thirteenth Amendment ban of slavery springs to mind as an obvious example...

Commentary on Obama/Palin Image Generates Questionable DMCA Takedown Notice

Posted on January 14, 2010
Last Friday, political commenter and blogger Patrick Frey of Patterico's Pontifications found a chilly email waiting in his inbox. The email purported to be a DMCA takedown notice from photographer Ted Szukalski, who complained about Frey's blog post that reproduced and commented on the photoshopped Obama/Palin image pictured at right...

Supreme Court Blocks Video Streaming of Prop 8 Trial

Posted on January 13, 2010
This afternoon, the Supreme Court put the final kibosh on video streaming of the Prop 8 trial to five federal courthouses around the nation.� The Court stayed U.S. District Judge Vaughn Walker's order permitting the broadcast.� The stay will remain in force for the foreseeable future, putting an end to the controversy for practical purposes...

Will This Revolution Be YouTubed?

Posted on January 12, 2010
There are a couple of laws in California that the U.S. Supreme Court should consider before it announces tomorrow whether or not the Proposition 8 trial can be broadcast on YouTube: � 240 and � 422.� These two laws don't address same-sex marriage, discrimination, or even access to courts, as you may have expected...

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