Privacy & Public PolicyCategory RSS Feed
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
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
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
When it comes to privacy policies, I usually tell clients they need to comply with California law. Beginning January 1, 2014, California is adding a new wrinkle we all need to consider.
If you comply with California’s law, you can be confident you have satisfied most of the requirements for other states. Plus, California’s laws apply … Continue Reading
I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A district judge in Virginia ruled it was not. The Fourth Circuit Court of Appeals recently reversed in … Continue Reading
The answer is one that frustrates people the most — it depends. In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on that in part 3). But, let’s assume you can’t get permission — after all, … Continue Reading
Rocky Mountain National Park
Because of an extended working vacation away from Houston’s heat in Colorado, I’ve been away from the blog. Like my kids gearing up to go back to school, I’m getting back to the normal work mode back in the office while recovering from a separated shoulder from a mountain biking incident (riding … Continue Reading
While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. While most of the attention was on social media password protections, service via social media and online “compelled prostitution” legislation, two additional bills made it through to … Continue Reading
The Tenth Circuit issued a decision yesterday in the 1-800 Contacts v. Lens.com case we discussed several years ago when originally filed. For those of you who simply want the result, the Court of Appeals ruled:
1. There was no evidence of likelihood of confusion – an essential element to a trademark claim.
2. The court also … Continue Reading
Sometimes, when you read the basics of a story, it sounds so incredulous, you think “surely, there has to be more to it.” Enter the story of 19-year-old Texan Justin Carter. The quick headlines usually read – Texas Teen Faces Eight Years for Facebook Comment.
Unfortunately for Justin, the post was about shooting up kindergartners. … Continue Reading