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Get Outta My Face[Book]: The Discoverability Of Social Networking Data And The Passwords Needed To Access Them, Mallory Allen, Aaron Orheim
Get Outta My Face[Book]: The Discoverability Of Social Networking Data And The Passwords Needed To Access Them, Mallory Allen, Aaron Orheim
Washington Journal of Law, Technology & Arts
Under what circumstances can a social network user be compelled to turn over his or her user identification and password in civil litigation? In three recent cases, courts attempted to answer this question with varied results. The New York Supreme Court Appellate Division refused to allow discovery of private Facebook information in McCann v. Harleysville Insurance Co. because the discovery request was not sufficiently tailored to reach discoverable information. Soon thereafter, the same court allowed discovery of similar material in Romano v. Steelcase, Inc. based on the level of publicity of the social networking account. In McMillen v. Hummingbird Speedway, …
Who Are You? Difficulties In Obtaining Trademark Protection For Domain Names, Luke M. Rona
Who Are You? Difficulties In Obtaining Trademark Protection For Domain Names, Luke M. Rona
Washington Journal of Law, Technology & Arts
Three appellate decisions illustrate the difficulty of acquiring trademark protection for domain names that include a top-level domain (“TLD”), such as “.com.” Courts have characterized these marks as generic or merely descriptive, which carries implications for the party seeking registration: generic marks cannot be protected, while descriptive marks can, assuming they possess a secondary meaning that makes the mark distinctive. Generic and descriptive domain names often indicate the services a company provides, with the addition of the “.com” TLD to indicate online services. One key test of genericness is whether the public identifies the mark with a service generally or …
Understanding And Authenticating Evidence From Social Networking Sites, Heather L. Griffith
Understanding And Authenticating Evidence From Social Networking Sites, Heather L. Griffith
Washington Journal of Law, Technology & Arts
Social networking is a popular form of online interaction that combines several types of electronic communication in a single user interface. An attorney working with evidence found on social networking sites should have a general understanding of how users create and access content on social networking platforms. Before such evidence may be presented to the jury, an attorney must make a showing of authenticity. The proponent of the evidence may need to use different authentication methods depending on the type of communication involved. This Article provides background information about social networks and explores how to authenticate common types of evidence …
Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton
Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton
Washington Journal of Law, Technology & Arts
A Taiwanese court sentenced a blogger to 30 days of detention for her comments that a restaurant’s food was too salty and that the locale was unsanitary. In Indonesia, a woman was sentenced to six months in jail for libel after an e-mail she sent to friends about poor treatment she received in a hospital was posted on Facebook. These are not isolated cases of persecution, but part of a broad pattern of challenges facing individuals around the world. The United Nations recently released a report on legal trends involving restriction of expression on the Internet, declaring that freedom of …