Media Law

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  • Egypt Deports Australian Journalist

    Media Law Prof Blog
    Media Law Prof
    1 Feb 2015 | 8:51 am
    Media are reporting that Egypt has extradited journalist Peter Greste, who reports for al-Jazeera, to his native country of Australia. Mr. Greste had been convicted of "false reporting" along with two other al-Jazeera journalists, and had been held for more...
  • Controversial Lawsuit Challenges Prop 65 Lead Level

    Seller Beware Blog
    Neil Rosenbaum
    29 Jan 2015 | 8:22 am
    Earlier this month, a longstanding Proposition 65 bounty hunter sued the California agency that implements the law.  The Mateel Environmental Justice Foundation seeks to invalidate the “safe harbor” level for lead of 0.5 micrograms per day that was set over twenty years ago.  Mateel claims that the level is outdated and lenient. Because lead has been one of the most commonly targeted chemicals in Proposition 65 enforcement actions, any repeal of the safe harbor level will have wide-ranging impact.  Not only have companies relied on the safe harbor level in developing…
  • ‘Forbearing’ the Constitution: Net Neutrality and the FCC

    Media & Communications Policy
    Patrick Maines
    21 Jan 2015 | 7:29 am
    So the latest word is that the Federal Communications Commission (FCC), a branch of government that, amusingly, is still referred to as an “independent” agency, is about to enact so-called net neutrality regulations under Title II of the Communications Act. This, because according to its fans at the Commission, such regulations are needed in order to ensure a “fair and open” Internet.  Because, however, even the most passionate among them understand the many problems this would otherwise cause, the majority Democratic commissioners are said to be poised to enact regulations that…
  • Pharrell Williams Camp Ridicules "Desperate" Appeal Bid in 'Blurred Lines' Lawsuit

    Hollywood Reporter - THR, Esq.
    Eriq Gardner
    30 Jan 2015 | 3:42 pm
    Is the future of the copyright at stake? One side plays up the stakes; the other scoffs.read more
  • Social media proves to be valuable tool for law enforcement - Bluefield Daily Telegraph

    media law news - Google News
    1 Feb 2015 | 1:50 am
    Social media proves to be valuable tool for law enforcementBluefield Daily TelegraphBy using social media, the sheriff's office can get awareness out about a criminal. “We get a possibility of a suspect or a fuzzy picture and we're not quite sure who it is, we can post that out on Facebook, Twitter and Instagram and ask people, do you and more »
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    Media Law Prof Blog

  • Egypt Deports Australian Journalist

    Media Law Prof
    1 Feb 2015 | 8:51 am
    Media are reporting that Egypt has extradited journalist Peter Greste, who reports for al-Jazeera, to his native country of Australia. Mr. Greste had been convicted of "false reporting" along with two other al-Jazeera journalists, and had been held for more...
  • Former Student Cited For Using OSU Library As Setting For Porn Video

    Media Law Prof
    30 Jan 2015 | 9:05 am
    From CNN: Oregon State University reports that Oregon State Police cited a former OSU student for public indecency for filming herself engaging in an indecent act while in the OSU Library last fall. It seems the video was later uploaded...
  • A Canadian IP/Tech Blog

    Media Law Prof
    29 Jan 2015 | 9:39 pm
    Martin Brandsma and David Tait of McCarthy Tetrault keep up snIP/ITs, a lively and informative intellectual property and tech blog, here. Follow them via RSS feed, email, or Twitter. Recommended.
  • Police Arrest Man Who Forced His Way Into Dutch TV Station

    Media Law Prof
    29 Jan 2015 | 1:18 pm
    Police have arrested a man wielding a pistol who forced his way into the NOS (Nederlandse Omroep Stichting) television station in Hilversum, the Netherlands, around 7 p.m. local time. He apparently wanted air time; it is not clear what, if...
  • Surveillance and the Chilling Effect on Speech

    Media Law Prof
    28 Jan 2015 | 8:00 am
    Margot E. Kaminski, Ohio State University Law School & Yale University Law School, and Shane Witnov, University of California, Berkeley, School of Law, have published The Conforming Effect: First Amendment Implications of Surveillance, Beyond Chilling Speech in volume 49 of...
 
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    Seller Beware Blog

  • Controversial Lawsuit Challenges Prop 65 Lead Level

    Neil Rosenbaum
    29 Jan 2015 | 8:22 am
    Earlier this month, a longstanding Proposition 65 bounty hunter sued the California agency that implements the law.  The Mateel Environmental Justice Foundation seeks to invalidate the “safe harbor” level for lead of 0.5 micrograms per day that was set over twenty years ago.  Mateel claims that the level is outdated and lenient. Because lead has been one of the most commonly targeted chemicals in Proposition 65 enforcement actions, any repeal of the safe harbor level will have wide-ranging impact.  Not only have companies relied on the safe harbor level in developing…
  • FTC Proposes Amendments to Fair Packaging and Labeling Act Rules

    Neil Rosenbaum
    26 Jan 2015 | 6:54 am
    If your company sells consumer products, you’ll want to take a look at the Federal Trade Commission’s (FTC’s) proposed amendments to its Fair Packaging and Labeling Act (FPLA) rules announced on January 22, 2015. The most significant proposed change is eliminating the rules on certain price representations -- the cents off, introductory offer, and economy size rules -- because they are no longer common in the marketplace and the Commission has other means for policing deceptive price representations. The other proposed amendments clarify and modernize some other rules. The proposal…
  • Federal Courts Still Answering the Consumer Class Action Call

    Neil Rosenbaum
    21 Jan 2015 | 10:10 am
    As lawsuits alleging misleading food and beverage labeling continue to be filed, plaintiffs’ efforts to certify class actions can run aground when the purported class members viewed different labels or advertisements for the products, or due to other individualized factors about their purchase or consumption of the products. But two recent trial court decisions show these defects can be difficult to litigate on motions to dismiss, and may need to await class certification to be challenged. A California federal court denied a motion to dismiss a proposed class action against Honest Tea, Inc.
  • Overhaul Proposed for Prop 65 Warning Requirements

    Neil Rosenbaum
    16 Jan 2015 | 10:18 am
    Earlier this week, the California agency responsible for implementing Proposition 65 issued a highly anticipated proposal to overhaul Proposition 65’s decades old warning regulations. The proposal by the Office of Environmental Health Hazard Assessment (OEHHA) follows Governor Jerry Brown’s 2013 announcement of his initiative to “update” Proposition 65.  In particular, the Governor’s reform package took aim at Proposition 65 warnings, which he felt were “too general.”  Although the Governor’s reform efforts have not progressed in the legislature, OEHHA has now…
  • NGO’s File Suit to Compel EPA Regulation of Consumer Products Containing Nano-Silver

    Neil Rosenbaum
    29 Dec 2014 | 7:23 am
    Following up on their 2008 Petition to EPA, a group of environmental and food safety citizens groups has filed suit in federal court to compel the US Environmental Protection Agency (EPA) to regulate consumer products that contain nano-scale silver particles. Nano-scale materials are generally engineered at the sub-molecular level to enable certain properties which are enhanced by the small size of the molecular configurations (often as minute as 1–100 nanometers in length). Makers of consumer products that incorporate silver often claim that the silver in their products has…
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    Media & Communications Policy

  • ‘Forbearing’ the Constitution: Net Neutrality and the FCC

    Patrick Maines
    21 Jan 2015 | 7:29 am
    So the latest word is that the Federal Communications Commission (FCC), a branch of government that, amusingly, is still referred to as an “independent” agency, is about to enact so-called net neutrality regulations under Title II of the Communications Act. This, because according to its fans at the Commission, such regulations are needed in order to ensure a “fair and open” Internet.  Because, however, even the most passionate among them understand the many problems this would otherwise cause, the majority Democratic commissioners are said to be poised to enact regulations that…
  • We Are Not Charlie. We Are Weak.

    Patrick Maines
    16 Jan 2015 | 8:27 am
    The worst aspect of the Charlie Hebdo affair is that human beings were murdered for practicing free speech.  A distant second is the way this affair, and the earlier hacking of the Sony Pictures studio, has exposed the pieties and inadequacies of so much of the media. Speaking the other day at the Consumer Electronics Show, Kazuo Hirai, CEO of Sony Corp., is reported to have said that he was proud “of all of the employees of Sony Pictures for standing up against the extortionist efforts of those criminals that attacked” the company. Really?  No acknowledgment that the studio belatedly…
  • Rolling Stone and Journalism by Meme

    Patrick Maines
    22 Dec 2014 | 7:58 am
    It’s getting hard to keep track of it all.  From the over-the-top coverage by CNN of the Ferguson, Mo., affair, to Rolling Stone’s imploding UVA rape story, to the likely demise of The New Republic, it’s the media themselves who have lately been the story. And not a good one.  Recalling the recent CNN panel that raised their hands in “solidarity” with the Ferguson protesters, Paul Bedard of the Washington Examiner awarded CNN four out of five “screams” for endorsing this discredited narrative. Meanwhile, the Rolling Stone story, about which the magazine says it is in…
  • The Gruber Videos and the Future of Journalism

    Patrick Maines
    19 Nov 2014 | 10:39 am
    Very few people (outside of those who wish them ill) have commented on the lack of substantial, and politically even-handed, reporting by the mainstream media (MSM). Most of the White House press corps has been reduced, during the Obama years, to a gaggle of superficial chroniclers of whatever spin the White House puts on policy issues and national affairs generally.  Nor is the conduct of the White House press corps the only evidence of the journalistic failings of the mainstream media. The Jonathan Gruber videos, in which his nibs brags of his cleverness in deceiving the public and…
  • FCC’s Net Neutrality Plan Is Another Step in the Regulation of Speech

    Patrick Maines
    6 Nov 2014 | 7:27 am
    So the latest development on the speech regulation front is Federal Communications Commission (FCC) Chairman Tom Wheeler’s rumored plan to create a “hybrid” regulatory structure in the name of “net neutrality,” the condition which, as it happens, has already been attained. Under Wheeler’s plan, Internet regulation would be split between a highly regulated back end, where content providers deal with Internet service providers (ISPs), and a more lightly regulated front end, where consumers get their content from ISPs.  This, so it’s said, is a way to get around the decision of a…
 
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    media law news - Google News

  • Social media proves to be valuable tool for law enforcement - Bluefield Daily Telegraph

    1 Feb 2015 | 1:50 am
    Social media proves to be valuable tool for law enforcementBluefield Daily TelegraphBy using social media, the sheriff's office can get awareness out about a criminal. “We get a possibility of a suspect or a fuzzy picture and we're not quite sure who it is, we can post that out on Facebook, Twitter and Instagram and ask people, do you and more »
  • Tunisian journalists call for media law to be applied - Middle East Monitor

    31 Jan 2015 | 6:15 am
    Middle East MonitorTunisian journalists call for media law to be appliedMiddle East MonitorThe National Syndicate of Tunisian Journalists (SNJT) called on Friday for the application of the law that protects and organises media work and guarantees equality among all media corporations, Anadolu has reported. The move came after the ...
  • Shield law for media should be reinstated - Honolulu Star-Advertiser

    31 Jan 2015 | 3:34 am
    Shield law for media should be reinstatedHonolulu Star-AdvertiserThe bills would re-establish a news media privilege against the compelled disclosure of sources and unpublished information. The privilege would limit the ability of the judicial system, through law enforcement or private action, to use the subpoena
  • Michigan State Law School is schooling law firms on social media - Real Lawyers Have Blogs (blog)

    30 Jan 2015 | 9:05 pm
    Michigan State Law School is schooling law firms on social mediaReal Lawyers Have Blogs (blog)I had the honor of participating in a wonderful program at Michigan State Law School on Friday afternoon. A select group of law students had the opportunity to share how they were currently blogging and using social media for learning and career ...
  • Today's Tech: How An Associate Dean Uses Social Media In His Classroom - Above the Law

    29 Jan 2015 | 12:23 pm
    Above the LawToday's Tech: How An Associate Dean Uses Social Media In His ClassroomAbove the LawThaddeus is the author of Social Media in the Courtroom (affiliate link) and blogs regularly about the impact of social media on the courtroom, so teaching a course about social media and the law, aptly titled “Social Media Law,” seemed a natural fit
 
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    Laurence Kaye on Digital Media Law

  • Rights in databases: IP rights 0: Contracts 1

    LaurenceKaye
    29 Jan 2015 | 12:26 am
    Dear reader Apologies for the rather cryptic title of this post which concerns this month's decision of the European Court of Justice in Ryanair Ltd vs PR Aviation BV. This goes back to 2010 and Ryanair's complaint to a Dutch Court about PR Aviation 'scrapping' the Ryanair database. PR Aviation operate a price comparison and booking site for flights, for which purpose it scraped data from the Ryanair website. The case illustrates that in an age of 'machine to machine' communications, contracts and licences may trump intellectual property rights. Ryanair argued…
  • Copyright & Innovation - let's get this right

    LaurenceKaye
    24 Jan 2015 | 10:47 am
    Dear reader 2015 is set to be the year of copyright debate. My friends at the IPKat Blog describe here how things are hotting up, following the European Commission publishing its Report on responses to last year's Copyright Consultation, and, as IPKat reports, the  EU Commissioner for Digital Economy and Society, once again made clear on Twitter that having “modern copyright rules” is one of the key goals for 2015. You'll know how quickly the copyright debate becomes polarised. But I'm going to take the risk of being labelled 'luddite' when I take issue…
  • Google News - hasta la vista

    LaurenceKaye
    12 Dec 2014 | 9:21 am
    Dear reader I've written on a number of occasions over the years on how the liability position of Google and other intermediaries is shifting from a simple "I'm just a host, so don't look to me" to one of increasing responsibility. In the Court of Justice of the EU's decision in Google Spain and Google, Inc vs. AEPD (Spanish Data Protection Authority) and Snr. Gonzalez, the Court was clear that Google, Inc was a 'data controller' and so within scope of European data protection law. Yesterday, Google announced that it is shutting down Google News in…
  • A Torrent of Copyright Infringement

    LaurenceKaye
    26 Oct 2014 | 3:54 am
    Dear reader Back in the day - well, around 1998 to 2001 when the E-Commerce Directive 2000/31/EC and the  InfoSoc (aka Copyright) Directive 2001/29/EC were being negotiated almost in parallel - a lot of time was spent discussing the role of intermediaries such as ISPs in tackling online infringement. The core challenge was balancing a 'hosting immunity' under Article 14 of the E-Commerce Directive with the need for intermediaries to play an effective role in dealing with online infringement hosted on or accessed via their servers. The outcome was Article 14 of the…
  • 10 Principles of Digital Media

    LaurenceKaye
    8 Oct 2014 | 10:07 am
    Dear reader Occasionally, it's good to stand back and try and identify recurring themes amidst the flux and change taking place in the media and creative industries. With that in mind, I'd like to share what I've grandiosely called my '10 Principles of Digital Media'. Here they are. 1. Re-think, not re-invent, the wheel: The core principles and values on which the creative industries are built remain valid in the digital age. But they need to be re-interpreted and applied to meet the demands of an 'always on' world. 2.Design for loss of control: This phrase…
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    Shear on Social Media Law

  • Kids Digital Privacy and Cyber Security Highlighted in State Of The Union

    20 Jan 2015 | 8:27 pm
    During President Obama's State of the Union Address this evening the importance of children's digital privacy and cyber security was highlighted.  According to The White House Medium account, the President's official prepared address stated,"No foreign nation, no hacker, should be able to shut down our networks, steal our trade secrets, or invade the privacy of American families, especially our kids. We are making sure our government integrates intelligence to combat cyber threats, just as we have done to combat terrorism. And tonight, I urge this Congress to finally pass the…
  • Will the FTC Investigate Turn and Verizon Wireless For Privacy Killing Zombie Cookies?

    19 Jan 2015 | 10:07 am
    A very troubling recent ProPublica investigation found that Turn, an online advertising company is "using tracking cookies [i.e. "Zombie Cookies"] that come back to life after Verizon [Wireless] users have deleted them."  These revelations are very troubling and demonstrate why stronger privacy laws are needed and why state and federal regulators need to investigate and take action against those companies that abuse their access to our personal information.According to ProPublica, "Some users try to block such tracking by turning off or deleting cookies. But Turn says that when users…
  • President Obama Proposes The Student Digital Privacy Act

    12 Jan 2015 | 3:49 pm
    In a very positive development, President Obama earlier today proposed The Student Digital Privacy Act.  According to The New York Times, the Act would "prohibit technology firms from profiting from information collected in schools as teachers adopt tablets, online services and Internet-connected software". During the President's speech today at the FTC, he stated, "Our children are meeting and growing up in cyberspace", and  "here at the FTC, you’ve pushed back on companies and apps that collect information on our kids without permission"... and "we need our kids privacy…
  • French Police Told To Erase Social Media Profiles

    11 Jan 2015 | 8:39 pm
    According to CNN, "French law enforcement officers have been told to erase their social media presence and to carry their weapons at all times because terror sleeper cells have been activated over the last 24 hours in the country".  The Charlie Hebdo terrorist attack and subsequent terrorist attacks on civilian targets in France have led the police to rethink cyber safety and security in the country.The order to erase social media profiles in France is not unique.  Last November, UK police officers were told not to discuss their jobs on social media.  In 2009,…
  • Do You Really Want to Destroy Your Privacy By Using A Social Login?

    10 Jan 2015 | 10:39 am
    In general, when signing into a website to check your personal account, you need to use a unique user name/password.  However, for years other sign in options have included to sign in with your Facebook, Google, LinkedIn, etc... account.  This other option is called a social login.  According to VentureBeat, Google is catching up to Facebook in market share regarding social logins.  Facebook has 43% of the market while Google has 40%.  Social logins have proliferated because companies want to track you for monetization purposes.I don't use…
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