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Texas Leg 2013 Wrap-Up – Texas Does Not Take the Lead on Social Media Issues

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

You “like” me, you really “like” me – Looking at the legal effect of Facebook likes and friends

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

Does the Communications Decency Act Protect Human Trafficking?

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

The Cost of Fake Online Reviews Goes Beyond Morality

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

Video Interview: Discussing the Role of Social Media in the Dharun Ravi Case with LXBN TV

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

Can I sue the website for criminal acts of a user?

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

Yes, SEO/SEM Firms Can Get Bit When Working With Snakes

A few months ago, I wrote about a case where the search engine marketing firm was being sued for allegedly helping a company sell copycat goods.  According to a jury verdict from this week, you can take off the allegedly.

The case is Roger Cleveland Golf Co. v. Prince in South Carolina.  In short, the web design/SEO/host … Continue Reading

Not just evidence from social media; but account and passwords too

This weekend, my wife and I traveled to Columbia, Missouri to watch Mizzou beat OU on Saturday night.  I’m too old to rush the field, but enjoyed the trip and catching up with some of my old KOMU-TV classmates.
Yes, I wanted to brag about Mizzou’s win, but I also wanted to point out that I did … Continue Reading

Yes, Virginia, Some of the Internet Horror Stories Are True

Yes, it really happens – a Texas criminal case highlights what can happen to that private photograph you took and how the law reacts to posting it on the Internet.   You often hear horror stories about someone using the Internet to exact revenge on an ex-boyfriend or girlfriend.  I am often asked how to unmask … Continue Reading