Archive for the ‘privacy’ Category
October 31, 2012
First Amendment attorney Marc Randazza provides a forensic demonstration on how a real "take down lawyer" handles an online scam artist who is impersonating a lawyer and extorting his victims for a fee. See also, Marc's follow-up posts:
isanybodydown.com responds! ,
More on operation "involuntary porn" and
Still more on isanybodydown.com
I also highly recommend Ken @ Popehat's companion post:
"The Takedown Lawyer": Let's Help Marc Randazza Investigate A Scammer, Shall We?
Tags:Copyright, First Amendment to the United States Constitution, Law, Lawyer, Marc Randazza, New York, Plaintiff
Posted in extortion, Marc Randazza, privacy, social media | Leave a Comment »
October 3, 2012
In R. v. Ward,2012 ONCA 660, the Court of Appeal for Ontario has confirmed that that there is no reasonable expectation of privacy in identifying an internet user through his IP address in the course of a child pornography investigation. (more…)
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Tags:Bell Internet, Bell Sympatico, Child pornography, Court of Appeal for Ontario, Expectation of privacy, German, IP address, Ward
Posted in Charter of Rights and Freedoms, Criminal Code of Canada, criminal law, criminal practice, criminal procedure, PIPEDA, privacy, prosecution | 3 Comments »
September 28, 2012
Nancy S. Kim (California Western School of Law) has published “Website Design and Liability”, Jurimetrics, Vol. 52, No. 383-431, 2012. The abstract states:
Two regrettable behaviors have emerged online: the posting of content about others without their consent; and impulsive postings with no consideration of long-term consequences. Website operators can either encourage or discourage these regrettable behaviors and influence their consequences through the design of their website and by the fostering of norms and codes of conduct. Unfortunately, courts interpret section 230 of the Communications Decency Act as providing websites with broad immunity. In an earlier article, I argued that a proprietorship standard should be imposed upon websites, which would require them to take reasonable measures to prevent foreseeable harm. This article further champions the concept of website proprietorship liability and proposes that section 230 should be amended to recognize such liability with provisions for the following “safe harbors” for website operators that: (1) permit only postings by identified posters; (2) have nonprofit status and do not accept ad revenue; and (3) remove postings upon request of the victim. This article also addresses anticipated objections that are based upon market concerns and free speech concerns.
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Tags:California Western School of Law, Communications Decency Act, Communications Decency Act. Section 230, Freedom of speech, Legal liability, Section 230, Website
Posted in cyber-harassment, First Amendment, free speech, Freedom of expression, freedom of speech, internet, online reputation, privacy, Section 230, website | Leave a Comment »
September 21, 2012
Paul A. Bernal (University of East Anglia (UEA) – Norwich Law School: Twitter: @PaulbernalUK and website :http://www.paulbernal.co.uk/) has posted a working paper entitled, “The Right to Online Identity”. Here’s the abstract:
If people have a right to internet access then should they have a right to an online identity? This paper will suggest that such a right should exist – and will look at the form that it might take, how it might be brought into practice, and what the implications of such a right might be in terms of the form and functions of the internet in the future. In particular, it will be suggested that the right to identity has three components: the right to create an online identity, the right to assert that online identity, and the right to protect that online identity.
Online identity needs to be looked on as something more complex than a matter of authentication of a link from an online actor to a real person – online identities are complex, multifaceted and constantly developing, and with both similarities and significant differences from ‘real-world’ identities. In order to understand how online identity should be treated from a legal perspective that complexity and those similarities and differences need to be better understood and taken properly into account.
A copy of the paper is available for download via SSRN here.
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Tags:Google, Identity theft, Norwich Law School, Online and offline, Online identity, Theft, University of East Anglia, User (computing)
Posted in internet, internet law, privacy | Leave a Comment »
September 14, 2012
Twitter image via Inforrm’s Blog.
Oh, Twitter, you used to be cool. You used to be the rebel. You used to be the shining light among social media platforms that fought for privacy and First Amendment rights. Now you’re just part of the “1 Percent”. Well, you were never part of the “99 Percent”, but at least we thought you cared.
Joseph Ax of Thomson Reuters reports that Twitter has folded like a cheap lawn chair under threat of contempt and substantial fines by a New York criminal judge. Malcolm Harris was among 700 people arrested during a peaceful protest march in support of the Occupy Wall Street Movement. He was charged with one count of disorderly conduct for blocking traffic. The prosecutor served three subpoenas on Twitter for 3 1/2 months’ worth of information from Harris’ Twitter account. (Note: I am unable to verify whether any of Harris’ tweets related to what he ate for breakfast or whether he thinks One Direction is way better than Justin Bieber.) (more…)
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Tags:Brooklyn Bridge, Harris, New York, New York City, New York City Criminal Court, New York Constitution, Occupy Wall Street, Twitter
Posted in privacy, social knowledge, social media, Twitter | Leave a Comment »
First Amendment attorney Marc Randazza provides a forensic demonstration on how a real "take down lawyer" handles an online scam artist who is impersonating a lawyer and extorting his victims for a fee. See also, Marc's follow-up posts: isanybodydown.com responds! , More on operation "involuntary porn" and Still more on isanybodydown.com
I also highly recommend Ken @ Popehat's companion post: "The Takedown Lawyer": Let's Help Marc Randazza Investigate A Scammer, Shall We?
Antonin I. Pribetic
