Posts Tagged ‘Facebook’

Jorge R. Roig on “Emerging Technologies and Dwindling Speech”

June 7, 2013

Jorge R. Roig (Charleston School of Law) has posted “Emerging Technologies and Dwindling Speech”, University of Pennsylvania Journal of Constitutional Law, Vol. 16, 2013 (Forthcoming).  The abstract reads:

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, reflects a continuing dissatisfaction on the part of both courts and legislatures with the current Supreme Court doctrine on First Amendment coverage. From this discussion, we can also derive some meaningful normative insights regarding the interplay between emerging technologies and First Amendment coverage doctrine. Finally, this article hopes to serve as a stepping stone in a more profound and long term pursuit of a comprehensive theory of constitutional individual rights coverage issues that might serve us well as the future brings unexpected changes in our society.

Download a copy of the paper via SSRN here.

“Kristina Sherry on “What Happens to Our Facebook Accounts When We Die?”

March 14, 2013

How Facebook deals with death (via The Media Online)

Kristina Sherry (J.D. Candidate, Pepperdine University) has published “What Happens to Our Facebook Accounts When We Die?: Probate versus Policy and the Fate of Social-Media Assets Postmortem”, Pepperdine Law Review, Vol. 40, No. 1, 2013. The abstract reads:

More than 580,000 Facebook users in the U.S. will die this year, raising numerous legal questions as to the disposition of their Facebook pages and similar “digital assets” left in a state of legal limbo. While access to and ownership of decedents’ email accounts has been philosophized for nearly a decade, this comment focuses on the additional legal uncertainties posed by “digital death” in the more amorphous realm of “social media.” Part II explores the implications of digital death by conceptualizing digital assets and surveying the underlying legal principles of contractual policies, probate, property, and privacy concerns. Part III surveys current law surrounding digital death, emphasizing a 2010 Oklahoma statute granting executors and administrators power over decedents’ “social networking” accounts. Parts III and IV consider what the current state of the law means for individuals facing death (i.e. everyone) as social media interacts with both (1) probate law and (2) social-media services’ policies as reflected in their terms of service. Part V explores how the law and proposed solutions may address the salient policy goals of honoring decedents’ postmortem wishes while meanwhile respecting privacy; preserving digital assets; and minimizing probate, litigation and other paperwork-type hassles. Ultimately this comment suggests while state or even federal legislation may call attention to the importance of digital estate planning, a better solution likely lies between the two extremes of the probate-versus-policy power struggle, and that social-media services themselves may be in the better position to quell the perfect storm of legal uncertainty that looms.

Download a pdf copy of the article at SSRN here.

Kelly Lynn Anders, “Ethical Exits: When Lawyers and Judges Must Sever Ties on Social Media”

March 13, 2013

Kelly Lynn Anders has published “Ethical Exits: When Lawyers and Judges Must Sever Ties on Social Media”, Charleston Law Review, Vol. 7, No. 2, Winter 2012-2013.  The abstract reads:

This article addresses the very recent trend of requiring lawyers and judges to sever ties on social media, the professional implications of doing so, relevant rules governing judicial and attorney conduct, and a discussion of “best practices” for lawyers and judges to follow when social media connections must be broken. Recent opinions from states that have issued social media directives in this area will also be discussed, along with a brief overview of three of the most commonly used social media sites at the time of the publication of this article – Facebook, LinkedIn, and Twitter.

Through this discussion and analysis, one theme will continue to resurface – the increasingly pressing need for guidance and clarity in the MRPC and MRJC so that expectations involving social media connections will be clear, uniform, and much easier to manage for lawyers, judges, and anyone with whom they may communicate, either professionally or personally. Such clear-cut guidance would also decrease the need for severing ties that should not have been formed in the first place, thereby also serving to contribute to the preservation of solid and favorable reputations of all jurists and counselors in an increasingly virtual world.

Download a pdf copy of the article via SSRN here.

Alan Dershowitz aims for a Reversal of Fortune for Lawyers with Viewabill

March 12, 2013

David Zax at Fast Company reports on “How Alan Dershowitz And Two Entrepreneurs Will Disrupt Billable Hours: Viewabill brings radical transparency to the attorney-client relationship”: (more…)

Using Social Media Tools in a Practical and Ethical Way

June 2, 2012

 I had the privilege of co-presenting with David Whelan, Manager, Legal Information, Law Society of Upper Canada (LSUC) at the LSUC’s 7th Annual Solo and Small Firm Conference and Expo (Two-Day Program) (View Program Agenda (PDF)).  We presented on the topic of  “Using Social Media Tools in a Practical and Ethical Way”.

See David Whelan’s Blog for a copy of his excellent Power Point slideshow and paper.

Here’s my Power Point slideshow:

Here’s a link to a pdf copy of my paper: Using Social Media Tools in a Practical and Ethical Way. Pribetic

Kudos to the Program Co-Chairs for organizing an informative and interesting conference:

Michele Allinotte, Allinotte Law Office (Blog:

Daniel Pinnington, Vice President, Claims Prevention & Stakeholder RelationsLawyers’ Professional Indemnity Company (LawPro) (Blog:

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