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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
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
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
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
Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking. We can therefore wrap-up our watch of the three bills we were monitoring.
First, bring out your dead!
HB 318/SB 118 social media passwords
A bill that would have prohibited … Continue Reading
Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case? Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is … 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
What rights do employers have over employees’ social media accounts in light of LinkedIn/CFAA ruling?
Earlier this month, a federal judge ruled that when a company took over a departing employee’s LinkedIn account, the company did not violate the Computer Fraud and Abuse Act in the case of Eagle v. Edcomm.
I blogged about this case in my prior post Who Owns Your Twitter Followers and LinkedIn Connections? While the ruling … Continue Reading
Hopefully, you’ve decided to read on because you believe you may be victim to a fake competitor review and you are not looking for advice on how to get away with it. If you are looking for advice on how to get away with it, you’ll have to look somewhere else. If you are looking … Continue Reading
Yesterday, I got the opportunity to speak with Colin O’Keefe of LXBN TV on the subject of the Dharun Ravi/Rutgers webcam spying case. In our brief interview, I explain why this case received the level of attention that it did, what social media’s role was in the proceedings and what we can learn from the case. … Continue Reading