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Texas High Court Rules Improper Photography Law Unconsitutional; Or, Why You Care a Creepy Dude Is Not Guilty

The Texas Court of Criminal Appeals ruled in a 8-1 decision yesterday that the “Improper Photography and Visual Recording Act” is facially unconstitutional.  The case involved a guy who allegedly took pictures of kids at a water park.  You can read more here.
Before you say, you are not a creepy person taking pictures of random … Continue Reading

Facebook Demands Court Order for Local Threats – Internet Privacy Always Sounds Good In Theory

This weekend The Houston Chronicle reported Facebook did not turn over information requested by local authorities in response to death threats.  People have been criticizing social media companies for turning over data to government entities.  This time Facebook demanded a court order and now people are upset.  It shows how it is a difficult situation for … Continue Reading

Supreme Court determines Aereo violates copyright – back to the drawing board

This morning, the U.S. Supreme Court ruled in a 6-3 decision that Aereo violates copyright law by retransmitting over-the-air programming without authorization.  This will shut down the controversial start-up or force them back to the drawing board to come up with a new system.  The sound you heard was a huge sigh of relief of … Continue Reading

You’ve looked at my site and now you have waived your right to sue me. Is that legal?

I’ll admit, General Mills did not go that far.  What they did, according to The New York Times was notify customers that if they downloaded a coupon, joined a forum or entered a sweepstakes, the customer would waive their right to sue in court and would have to go through an online “informal negotiation” or arbitration.
Since … Continue Reading

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 that out is the hard part.
The Threatening or Harassing Post
Is there an ex spewing … Continue Reading

Back from the Land of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial.  So, we share with you some of the articles we have been reading, but just haven’t had time to write about:
Bloggers entitled to same protections as journalists under the First Amendment. … Continue Reading

New Years Resolution Idea: Update Your Privacy Policy

There is a new California privacy law that goes into effect January 1, 2014, that you need to know about.  It requires you to disclose how you respond, if at all, to do not track requests.  Because it applies to any website used by California consumers, you should make sure you are in compliance.
Earlier this … Continue Reading

Depository of International Online Privacy Resources

One of our more popular posts of the year was the recent Online Marketers’ Guide to Online Privacy.  It focuses mostly on U.S. law with some mention of of the E.U. Safe Harbor issues.   The purpose of this post is to host information regarding international online privacy issues.  If you know a good resource … Continue Reading

The Online Marketer’s Guide to Privacy

I’ve hesitated to write this post because the law is always changing and you can’t cover it all in one blog post (thank goodness for linking).  I did a presentation to the Houston Interactive Marketing Association this week which forced me to boil it down to digestable bites.  If I had to give you three … Continue Reading

Regulating revenge porn and explicit online communications with children – easier said than done

Everyone supports the prevention of sexual predators texting illicit material to people under 17.  Everyone knows that revenge porn is a scourge on public decency.  But, can the law do anything about it?  Should it?
Texas Throws Out Law Banning Explicit Online Communications With Minors.
Yesterday, the Texas Court of Criminal Appeals (our highest court that hears … Continue Reading