Online Defamation & AnonymityCategory RSS Feed
The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy. The Digital Millennium Copyright Act protected you from copyright and Section 230 of the Communication Decency Act protected you from defamation and other liability. Recent developments are bringing a … Continue Reading
After looking at the most popular posts from 2012 in our last edition, today we look at what are likely going to be the big trends for 2013 in internet and marketing law.
Privacy and COPPA – Although this issue is not likely to dominate the general business population, privacy and COPPA will continue to dominate the media’s … Continue Reading
Yes, it’s the lazy way to do a post during the week before Christmas and New Year. In my next post, we will use this information to help predict the trends of legal issues for online media, marketing, internet law and start-ups for 2013.
1. SOPA The Debate in Plain English and the SOPA Update and Editorial
The two … Continue Reading
The State of Texas may find out and it may be more applicable to your site than you think. In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at stopping human trafficking. The entire text is here.
It allows for human trafficking victims to bring … Continue Reading
In my last three posts, we covered online defamation from the business owner’s perspective. Today, we look at it from the consumer’s perspective.
The local NBC affiliate in Houston interviewed me and others for a story about it you can watch here.
The way the story was edited, it almost appeared I support suing consumers when ”sounding off … Continue Reading
Other than drawing more attention to the damaging online material, paying for a lawyer and having to answer uncomfortable questions under oath, what are the other risks about bringing a defamation claim? If you are not careful, you could end up paying the defendants’ attorneys’ fees.
Twenty-seven states and the District of Columbia have passed Anti-SLAPP … Continue Reading
After reading part one of this series on whether legal action is the right move to respond to negative online comments as discussed in part one, you have decided you need for defamation. So, how do you figure out who do sue when your tormentor is merely an anonymous handle on some website or an unclaimed blogger?
The … Continue Reading
From a legal business development standpoint, the advice is not good. For clients, the advice can be invaluable. Rather than wait to be attacked online and then sue, be proactive. If the attack comes, consider fighting bank online rather than through the courts, which is usually your last resort.
1. Monitor. You can’t protect your brand if … Continue Reading
Much to the chagrin of my law firm, I often encourage people not to take legal action when they are defamed on an online review site. The issue has become more prevalent as consumers (or is it possibly competitors or people with personal vendettas) spew their ire negatively rating doctors and other professionals who only … Continue Reading
Match.com was sued last week because a male user sexually abused a female user on the second date. Facebook and MySpace already warded off similar suits from parents of children who were stalked online based, at least in part, on Section 230 Communications Decency Act immunity.
These stories are indeed tragic, but it reminds me of the … Continue Reading