Communications & Media Criminal Law

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Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA

As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting technological innovation,...more

When Online Behavior Crosses The Line – The Law On Threats, Libel And Just Being Rude

A frequent question we get is what can we do about the online posting about me? Often times, the answer is not much. Lawyers can only help when the online conduct crosses the line into a cognizable cause of action. Figuring...more

Twitter, Evidence, Privacy and Social Media

A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...more

Bernstein Shur Business and Commercial Litigation Newsletter #38

We are pleased to present the 38th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent convictions in the Madoff scandal, class action litigation against General Motors...more

Access to Cellular Phone Records by Defense Counsel

In many criminal cases, cellular telephone records are an invaluable resource. These records may shed light on whether an alleged victim or witness communicated with someone of importance in a case, and when. There are...more

Your Expectation of Privacy in Your Cell Phone is Currently Governed by the Law of the State in Which You are Arrested

Last year the Washington State Supreme Court considered two cases addressing the expectation of privacy one has when sending a text message. On February 27, 2014, the Washington State Supreme Court ruled in two parallel 5-4...more

Representing Clients In The Age Of Social Media Is Not As Easy As You Think

The proliferation of social media over the past decade has drastically changed how people communicate. Without much thought, people publicly post detailed personal information and photographs documenting their whereabouts and...more

46 sites blocked, watch your banners!

The Italian tax police seized 46 websites streaming videos in breach of the copyright holders, but is also going after entities “supporting” such sites through banners published on them so starting a new approach in the fight...more

New Reprint Guidance Maintains Bipartisan Status Quo

On February 28, 2014, the FDA issued its most recent unofficial guidance on distribution by manufacturers of research concerning off-label uses. With minor textual revisions, this new Guidance essentially restates the safe...more

Google Vividown sets new rules on Internet liability

Internet liability rules as to data protection issues might considerably change after that the Italian Supreme Court decision acquitted 3 Google managers previously convicted to 6 months of imprisonment for a video published...more

Can a grab bag be a sweepstakes?

When I hear the words “grab bag,” I think about stores that used to stock plain wrapped packages labeled as either for “boys” or “girls." For a dollar, you could choose one of these packages without knowing what it contained....more

Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?

LinkedIn has filed a suit against John Does in response to a spate of “data scraping” perpetrated by unknown individuals, in violation of the website’s terms and conditions.This is the latest federal case in the Northern...more

Report deems NSA telephone records program illegal

The Privacy and Civil Liberties Oversight Board issued a report today concluding that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended. ...more

Don’t Let Google+ Get You Arrested

A Massachusetts man, whose ex-girlfriend had a restraining order out against him, was recently arrested for sending her an invitation to join Google+. This unfortunate drama sheds light on the disparate impact of ordinary...more

Italy’s High Court Upholds Acquittal Of Google Executives In Video Privacy Case

On December 17, Italy’s highest court, the Italian Supreme Court of Cassation, issued a landmark ruling upholding the acquittal of three Google senior executives by the Milan Court of Appeals. Initially, an Italian trial...more

New York’s Shield Law Follows New York Reporters Wherever They May Roam

On Dec. 10, 2013, the New York Court of Appeals resoundingly reaffirmed the important public policy underlying the New York statutory scheme that allows New York journalists to preserve the anonymity of their confidential...more

New York Department of Financial Services Issues Subpoena to Payday Lender

As part of its continuing focus on payday lending, the New York Department of Financial Services announced that it sent subpoenas to numerous online “lead generation” firms suspected of deceptive or misleading marketing of...more

ICE Seizes Counterfeit Domain Names

On December 2, U.S. Immigration and Custom Enforcement's (ICE) Homeland Security Investigations announced in a press release that 706 domain names set up to “dupe” consumers into buying counterfeit goods had been seized by...more

Do Not Post What Should Be Kept Private

When you met her during drop-off at your children's school she seemed like such a modest woman, hair pulled back in a pony tail as she kissed her kid goodbye at the classroom door. You never would have guessed what she and...more

Advertising Law -- Nov 27, 2013

FTC Shoots Down COPPA Compliance Request Based on Social Networking - The Federal Trade Commission has denied an application from AssertID seeking the agency's approval of a proposed method of verifiable parental...more

Protecting Students in the Information Age

Information travels at the speed of light in an era where everyone is connected through Internet, social media, text messages and smartphones. Yet legislation lags behind. Many cases of student harassment have emerged in...more

The Dark Web, Bitcoins & Reincarnation

Brandaide recently reported that the self-styled “Amazon or eBay of illegal drugs,” the Silk Road Anonymous Market, was back in business. This was following a DDOS (‘distributed denial of service’) attack on the site. The...more

Spain: Increasing pressure on criminal courts against IP rights infringements

The Criminal Court no. 4 of Castellón (Spain) has recently sentenced a peer-to-peer file sharing webmaster to 18 month imprisonment for a continued offence against IP rights. In addition, the Court has also banned him from...more

Supreme Court Of Canada To Police: Get A Warrant To Search Computers And Mobile Phones

Yesterday, the Supreme Court of Canada issued a unanimous decision in R. v. Vu recognizing important privacy interests in information stored in a computer or mobile phone. The court held that specific, prior judicial...more

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