News & Analysis as of

Child Pornography

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

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The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the...more

Weintraub Tobin

(Podcast) The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover

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As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey...more

Weintraub Tobin

The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover

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As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey...more

Orrick, Herrington & Sutcliffe LLP

AI-Generated Child Sexual Abuse Material: How Companies Can Reduce Risk

Companies with an online presence must be vigilant of current and proposed legislation aimed at protecting children online. With the growing use of artificial intelligence (AI), companies face an increasing and unprecedented...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - February 2024

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main digital regulatory and compliance...more

Weintraub Tobin

Nirvana Stuck in Lawsuit Over Nevermind Album Cover

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In 1991, the grunge band, Nirvana, was one of the most popular musical acts in the U.S. with its anthem Smells Like Teen Spirit, which was featured on its album, Nevermind. Many will remember the cover of Nevermind that...more

Patterson Belknap Webb & Tyler LLP

The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing....more

Kohrman Jackson & Krantz LLP

Un-Nudify Me: Removal Options for Deepfake Pornography Victims

The rapid advancement of artificial intelligence (AI) technology has created new challenges that significantly disrupts established legal principles. One facet of AI, with a large potential for abuse, is its seamless...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

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Precedential Opinions of Note- Conviction for Drug Distribution Overturned for Lack of Proof Playground Was ‘Open to the Public’...more

Holland & Knight LLP

Forensic Hashing in Criminal and Civil Discovery

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After reading an earlier IP/Decode post about hashing, my friend Jenny Rossman reached out to explain how law enforcement was using hash values to fight the spread of child pornography. For over a decade, Jenny had been a sex...more

Morrison & Foerster LLP

Online Harm, Hate and Illegal Content: UK Adds to Online Safety Bill

The UK government has introduced its Online Safety Bill to Parliament. The new Bill was amended at the last minute to include new online offences and greater obligations on technology providers to do more to prevent “harmful...more

Robinson+Cole Data Privacy + Security Insider

Proposed EARN IT Act Sparks Controversy

Senators Richard Blumenthal (D-CT) and Lindsay Graham (R-SC) have reintroduced the EARN IT Act for congressional consideration. The proposed bill, titled in full the “Eliminating Abusive and Rampant Neglect of Interactive...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Robins Kaplan LLP

The Robins Kaplan Privacy Pulse - Court Decisions Question Internet Companies' Liability Shield

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A pair of recent rulings—one in the U.S. and another in Australia—hint at a future in which internet companies may not enjoy the immunity they currently hold for content created by others that appears on their sites....more

Foster Garvey PC

The ‘Nirvana Baby’ Raises a Number of Legal Issues Including Right of Publicity

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- "Whose job is in Jeopardy?" Mike Richards may be an appropriate answer. Sony announces that he will be dropped as Executive Producer of the program on the tails of stepping down as a host. He joins a number of celebrities...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments

To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main topical developments in this area that...more

Patterson Belknap Webb & Tyler LLP

Circuit Clarifies Precedent, Holds That Sentencing Court Need Not Separately Explain Reasons For Imposition of 20-Year Supervised...

In United States v. Williams, a per curiam decision, the Second Circuit (Pooler, Sullivan, Park) affirmed the imposition of a 20-year term of supervised release on a defendant convicted of child pornography offenses, holding...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reaches for Affirmance in Child Pornography Case

In United States v. Clarke, the Second Circuit ventured once more into the thicket of internet crime, tangling with statutory interpretation and discovery issues complicated by their technological setting. The panel (Walker,...more

Freeman Law

Bare Bitcoins — No Fourth Amendment Privacy in Virtual Currency Records

Freeman Law on

Virtual currency has been around for a number of years now, and yet many still believe virtual currency transactions provide a level of anonymity and privacy not afforded by other types of monetary transactions. That simply...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Sidesteps Supervised Release Challenges

In United States v. Birkedahl, 19-2304, the Second Circuit (Sullivan, Park, Nardini) rejected Defendant-Appellant Eric Birkedahl’s challenges to the conditions of his supervised release imposed subsequent to his conviction...more

Patterson Belknap Webb & Tyler LLP

Fourth Amendment Rights Without Remedies: Split Panel Holds That Delayed Warrant Was Unreasonable, But Exclusionary Rule Does Not...

In United States v. Smith, the Second Circuit (Katzmann, Kearse, Meyer, by designation) issued a split opinion weighing whether a month-long delay between authorities’ seizure of a tablet computer and their application for a...more

Polsinelli

United States v. Gratkowski - Beware of Inanimate Objects That Violate Your Privacy

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In Philip K. Dick’s novel Ubik, the sci-fi legend warned the world of the dangers of inanimate objects that could violate our privacy. In a virtual nod to Ubik and Dick, the Fifth Circuit Court of Appeals ruled the privacy...more

Polsinelli

Bitcoin Data Akin to Bank Records Under Fourth Amendment

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Faced with the novel question of whether an individual has a Fourth Amendment privacy interest in the records of their Bitcoin transactions, the Fifth Circuit found that Bitcoin data is akin to bank records and not subject to...more

Cozen O'Connor

Notice of Appeal - Spring 2020

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Background - A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation. The...more

Patterson Belknap Webb & Tyler LLP

Habeas Petitioner Not Permitted to Proceed Anonymously

In United States v. Pilcher, the Second Circuit (Leval, Cabranes, Sack) (per curiam) considered whether a habeas petitioner could proceed anonymously—in this instance holding that he could not (as the case’s caption makes...more

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