Media Law

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  • Spain's Gag Law Now In Effect

    Media Law Prof Blog
    Media Law Prof
    2 Jul 2015 | 11:32 am
    Spain's much criticized new "gag" law (ley mordaza) is now in effect, and its provisions could have a chilling effect on protest against government actions generally. Anyone convicted of illegally assembling, for example, could be faced with a 600,000 Euro...
  • FIN4 May Have Embarked on a Risky Hacking/Insider Trading Strategy

    Digital Media & Data Privacy Law
    David Smyth
    1 Jul 2015 | 2:47 pm
    I haven’t yet turned to a life of crime, so far be it from me to criticize actual criminals’ profit-maximizing strategies.  It’s easy for me to nitpick, but I’m not the one strapping on my mask and trying to earn a (dis)honest dollar every day.  But have a look at this Reuters story from Tuesday.  In it, we learn that the SEC and the Secret Service are investigating a sophisticated computer hacking group known as “FIN4” that allegedly “has tried to hack into email accounts at more than 100 companies, looking for confidential information…
  • Important EPA Update for Makers of Consumer Products that Include Nano-Scale Materials

    Seller Beware Blog
    Neil Rosenbaum
    29 Jun 2015 | 6:39 am
    The use of nano-scale materials in consumer products has exploded in recent years, with applications in apparel, electronics, cosmetics, energy, and many other fields. Nano-scale materials exist as tiny particles (measured in billionths of a meter), and can exhibit commercially valuable properties (such as increased electrical conductivity) that may differ considerably from than their conventionally-sized counterparts. Since our March 2015 update, the Environmental Protection Agency (EPA) has significantly advanced its efforts to regulate nano-scale substances to better understand and…
  • Lionsgate Sues Over 'Dirty Dancing' Ad Spoof

    THR, Esq.
    Eriq Gardner
    2 Jul 2015 | 2:50 pm
    Ameritrade's tagline was, "Nobody puts your old 401(k) in the corner."read more
  • Joe Hockey defamation ruling underscores need to update law in social media era - Sydney Morning Herald

    media law news - Google News
    2 Jul 2015 | 8:28 pm
    Sydney Morning HeraldJoe Hockey defamation ruling underscores need to update law in social media eraSydney Morning HeraldFrom a lads' magazine superimposing the head of a Greens senator on the body of a lingerie model to a tweet by a former federal Labor MP venting his spleen at two Liberal pollsters, 2015 has had no shortage of ding-dong defamation battles involving ...and more »
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    Media Law Prof Blog

  • Spain's Gag Law Now In Effect

    Media Law Prof
    2 Jul 2015 | 11:32 am
    Spain's much criticized new "gag" law (ley mordaza) is now in effect, and its provisions could have a chilling effect on protest against government actions generally. Anyone convicted of illegally assembling, for example, could be faced with a 600,000 Euro...
  • Turkish High Court Rules In Favor Of Journalist In Freedom of Speech Case

    Media Law Prof
    2 Jul 2015 | 11:02 am
    Turkey's Constitutional Court has ruled that a prison sentence imposed on reporter Bekir Coskun for criticizing government officials was a violation of his freedom of speech and freedom of the press. The Court has ordered the officials who filed criminal...
  • Media Access to Clients and Counsel

    Media Law Prof
    30 Jun 2015 | 12:51 pm
    Siobhan Helen Shea and Richard Daniel Tannenbaum have published Essay: The First Amendment Right of Access to Clients and Counsel: HRC v. Baker at 23 U. Miami Inter-Am. L. Rev. 771 (1992). Download the full text of the essay at...
  • CBC Claims Political Party Has Infringed Its Copyright By Using News Clips In Ad

    Media Law Prof
    29 Jun 2015 | 11:38 am
    The University of Ottawa Law School's Michael Geist discusses a Canadian Broadcasting Company (CBC) demand that the (Canadian) Conservative Party stop airing an ad that included clips from a CBC interview between a network reporter and Liberal MP Justin Trudeau...
  • Charter Cable and the Purchase of Time Warner Cable

    Media Law Prof
    25 Jun 2015 | 9:44 am
    Marvin Ammori discusses the proposed Charter Cable purchase of TWC, here, for Wired. He says in part: We need to ensure that Charter will not lose its way after taking over Time Warner and becoming four times larger. That’s where...
 
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    Digital Media & Data Privacy Law

  • FIN4 May Have Embarked on a Risky Hacking/Insider Trading Strategy

    David Smyth
    1 Jul 2015 | 2:47 pm
    I haven’t yet turned to a life of crime, so far be it from me to criticize actual criminals’ profit-maximizing strategies.  It’s easy for me to nitpick, but I’m not the one strapping on my mask and trying to earn a (dis)honest dollar every day.  But have a look at this Reuters story from Tuesday.  In it, we learn that the SEC and the Secret Service are investigating a sophisticated computer hacking group known as “FIN4” that allegedly “has tried to hack into email accounts at more than 100 companies, looking for confidential information…
  • FCC Stakes Out Privacy Territory in Broadband Privacy Workshop

    Elizabeth Spainhour
    29 Apr 2015 | 7:38 am
    If you thought all the action in privacy regulation centered around the Federal Trade Commission, the Federal Communications Commission would like you to think again. Yesterday, April 28, the FCC held a 3-plus hour workshop that started the regulatory “conversation” on the manner in which the FCC can or should regulate consumer broadband privacy. Chairman Wheeler kicked off the event with opening remarks that included this unequivocal statement: “Privacy is unassailable.” He also said that “changes in technology do not affect our…
  • Physician Practices Be Alert: You Might Be Violating HIPAA If You Produce Medical Records In Response To State Court Subpoenas

    Forrest Campbell
    21 Apr 2015 | 8:20 am
    Over the past months, my experiences with physician practices have made me realize that many practices do not understand how HIPAA applies to subpoenas for medical records.  More worrisome, I suspect that many practices nationwide routinely violate HIPAA when they receive a subpoena. Here’s what I’ve observed:  Practices receive state court subpoenas that are signed by lawyers and that demand the production of medical records, and the practices automatically assume they must produce the records.  This is a dangerous assumption—the production of the records may…
  • BYOD: Five Things To Consider When Creating Your Policy

    Elizabeth Spainhour
    2 Apr 2015 | 7:12 am
    “BYOD” or “bring your own device” (also known as the “consumerization of IT”) is a fact of life in today’s workplace. BYOD refers to the practice of using personally owned devices—like smartphones, tablets, and laptops—for work purposes and allowing these devices to connect to company networks and applications. According to a Gartner study released in late 2014, 40% of U.S. employees working for large companies use personally owned devices for work purposes. Of those who reported using personally owned devices, only 25% were…
  • You are What You Keep

    Charles Marshall
    31 Mar 2015 | 1:42 pm
    Suffering a data breach is bad enough. As often as it appears to happen, companies that are affected by a breach still shoulder a considerable burden. Management must stop the trains to identify the cause and scope of the breach—and then prepare for the aftermath. Lawyers are involved. The company’s brand is at risk. And the costs—employee time, legal fees, security consultants—quickly escalate. But what if you determine that your company didn’t really need the information that was exposed? Suppose you find out that the breach…
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    Seller Beware Blog

  • Important EPA Update for Makers of Consumer Products that Include Nano-Scale Materials

    Neil Rosenbaum
    29 Jun 2015 | 6:39 am
    The use of nano-scale materials in consumer products has exploded in recent years, with applications in apparel, electronics, cosmetics, energy, and many other fields. Nano-scale materials exist as tiny particles (measured in billionths of a meter), and can exhibit commercially valuable properties (such as increased electrical conductivity) that may differ considerably from than their conventionally-sized counterparts. Since our March 2015 update, the Environmental Protection Agency (EPA) has significantly advanced its efforts to regulate nano-scale substances to better understand and…
  • Trimming the Fat in Processed Foods: FDA Finalizes Ban on PHOs

    Neil Rosenbaum
    26 Jun 2015 | 8:49 am
    Last week, the US Food and Drug Administration (FDA) finalized its proposed ban on partially hydrogenated oils (PHOs) from processed foods based on a determination that there is no longer a scientific consensus on the safety of PHOs.  PHOs are the primary dietary source of artificial trans fat, which the FDA believes has been linked to coronary heart disease, and are typically found in products such as margarines, shortenings, and certain baked goods and frozen foods.  The FDA’s ban on PHOs will take effect in three years -- allowing companies either to reformulate products…
  • Consumer Products Manufacturers Take Note: House Passes Chemical Safety Legislation

    Neil Rosenbaum
    25 Jun 2015 | 7:05 am
    The US House of Representatives has decisively taken the lead in the two-step dance that could update and reinvigorate the nearly 40 year old Toxic Substances Control Act (TSCA).  Makers and processors of chemical substances and producers and distributors of consumer products have been monitoring legislative action on TSCA modernization efforts for nearly a decade.  Suddenly, amendments to TSCA appear to be on an incredibly fast track even as we lurch into the hazy days of summer on Capitol Hill. TSCA gives EPA broad authority to regulate chemical substance, including the products…
  • Michael Kors Settles Class Action Lawsuit Over Deceptive Discounts

    Neil Rosenbaum
    22 Jun 2015 | 10:10 am
    Last month, we discussed how Guess had been added to the list of major clothing retailers who have been hit with class action lawsuits alleging false and misleading practices at their outlet and factory store locations.  Now, Michael Kors has decided to settle one such lawsuit for just under $4.9 million.  The complaint against Kors alleged that clothing sold in Kors’s outlet stores were labeled with two prices:  the Manufacturer’s Suggested Retail Price (MSRP) and “OUR PRICE,” which represented a deep discount from the MSRP.  However, according to the…
  • Localities Face Lawsuits over Regulation of Consumer Products

    Neil Rosenbaum
    16 Jun 2015 | 6:36 am
    Local governments are increasingly seeking to regulate consumer products -- everything from toys and cell phones, to soda and pharmaceuticals.  But hardly before the ink can dry on these ordinances, business groups sue to block them, relying primarily on principles of free speech, federal preemption, and interstate commerce. Most recently, CTIA – The Wireless Association sued Berkeley, California over its May 26, 2015 cell phone ordinance.  The law requires cell phone retailers to provide consumers with a notice that if they carry the phone in a pocket or under their clothing…
 
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    media law news - Google News

  • Joe Hockey defamation ruling underscores need to update law in social media era - Sydney Morning Herald

    2 Jul 2015 | 8:28 pm
    Sydney Morning HeraldJoe Hockey defamation ruling underscores need to update law in social media eraSydney Morning HeraldFrom a lads' magazine superimposing the head of a Greens senator on the body of a lingerie model to a tweet by a former federal Labor MP venting his spleen at two Liberal pollsters, 2015 has had no shortage of ding-dong defamation battles involving ...and more »
  • PM rejects rural MP media concerns - Farm Weekly

    2 Jul 2015 | 3:51 pm
    Farm WeeklyPM rejects rural MP media concernsFarm WeeklyTONY Abbott has washed his hands of media law reform, prompting accusations from Nine Network chief executive David Gyngell that the Prime Minister's stated support for free markets and business was being applied selectively. And Fairfax Media, which ...Defiant Liberal MPs at odds with Tony Abbott over media reformThe Australian Financial Reviewall 10 news articles »
  • Five social media law issues to discuss with your clients - Lexology (registration)

    1 Jul 2015 | 5:19 am
    Five social media law issues to discuss with your clientsLexology (registration)You could have likes and dislikes in the sense of preferences, but you couldn't give someone a like, claim to own a like or assert legal rights in likes. Today, however, a company's social media pages and profiles, and the associated likes, followers and more »
  • Jim Carrey denounces new Calif. vaccine law in Twitter rant - Washington Post

    1 Jul 2015 | 2:48 am
    WRVO Public MediaJim Carrey denounces new Calif. vaccine law in Twitter rantWashington PostA celebrity critic of vaccines and former partner of another star with an autistic child has taken to social media to denounce a new California law requiring most children be vaccinated. Jim Carrey dated Jenny McCarthy for about five years before they California Governor Signs School Vaccination LawWRVO Public MediaCalifornia Governor Jerry Brown Signs School Vaccine Bill Into LawNBC Bay Areaall 1,628 news articles »
  • New laws in Va., Md. and DC regulate drones, Uber, social media - Washington Post

    30 Jun 2015 | 6:52 pm
    New laws in Va., Md. and DC regulate drones, Uber, social mediaWashington PostRICHMOND — Some of the biggest legislative accomplishments of the year in Virginia will go into effect Wednesday, including laws intended to protect the victims and prosecute the perpetrators of campus sexual assault, regulate Uber and limit the use and more »
 
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    Shear on Social Media Law

  • IACP Releases Updated Guidance On Police Bodyworn Camera Video Data Storage

    18 Jun 2015 | 5:36 am
    Privacy and cybersecurity go hand and hand.  Therefore, it is imperative that policy makers on the local, state, and federal level adopt policies and enforce practices that promote these principles.  This is especially important due to the increased amount of data that governments are collecting.During the past decade, law enforcement agencies around the world have begun to implement police body cameras to assist in evidence gathering, transparency, and accountability.  In the United States, several incidents during the past year have prompted local police departments to test…
  • FBI Investigating St. Louis Cardinals For Allegedly Hacking Houston Astros

    16 Jun 2015 | 8:31 am
    According to The New York Times, the FBI is investigating the St. Louis Cardinals for allegedly hacking into the Houston Astros' internal network.  The Cardinals are the most successful National League franchise and 2nd most successful organization in Major League Baseball after the New York Yankees.  While this investigation is ongoing, it would not surprise me if in addition to serious state and federal charges, Major League Baseball imposes a harsh penalty on the Cardinals and those employees responsible if it is found that they hacked into the Astros computer networks. This is a…
  • Facial Recognition Privacy Talks Collapse Due to Inadequate Consumer Safeguards

    16 Jun 2015 | 6:29 am
    According to The New York Times, nine civil rights and other advocacy organizations announced today that they are withdrawing from "talks with trade associations over how to write guidelines for the fair commercial use of face recognition technology for consumers."Why are these talks so important?  Because every time you walk into a fast food restaurant instead of a health food store you will be tracked and this information will be sent to data brokers who will insert it into your digital dossier.  You will be penalized for who you talk to in public (whether its a friend, business…
  • Belgium Sues Facebook Over Its Troubling Privacy Practices

    15 Jun 2015 | 1:29 pm
    According to The Wall Street Journal, Belgium's Privacy Commission is taking Facebook to court over its very troubling privacy practices.  Last month, the Commission publicly chastised Facebook for the way it handles the personal data of Internet users.  The Commission has focused on "how Facebook tracks Internet users on external websites through the use of “like” and “share” buttons".In general, I avoid using Facebook's "like" or "share" button because for years the company has demonstrated via its privacy policy and agreements with data brokers that it has does not care…
  • Warrants Must Be Required for Digital Data Access

    11 Jun 2015 | 3:07 pm
    Growing up, I enjoyed watching L.A. Law and Law & Order.  So it was at a relatively young age that I learned that a warrant was required for the police to search your home and personal belongings. In law school, my criminal law classes focused on the need for the police to follow proper legal procedures to obtain a search warrant. Case after case demonstrated that the Fourth Amendment protects us against unreasonable searches and seizures—a basic tenet of American jurisprudence.When I began practicing law at the dawn of the Internet Age, I soon realized that in the digital space,…
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