Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Tag Archives: First Amendment

Can You Copyright Infringe Anonymously? Revisited.

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
On November 28, 2017, the Sixth Circuit, in a 2:1 decision, ruled on the anonymous copyright infringement case we discussed back in April. The central issue in the case involved whether an adjudicated copyright infringer can remain anonymous. A decision in favor of the infringer could encourage anonymous unlawful speech. A decision in favor of… Continue Reading

Recent IoT Device Cases

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
“There are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera.  So we know that that is just a fact of modern life.”  Kellyanne Conway, March 12, 2017 Interview with New Jersey’s The Record. Data from microwaves-turned-cameras has yet to appear in court, but data from other IoT devices… Continue Reading

Gunning For An Anonymous Internet Defamer or Infringer’s Identity …

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
… outside your main jurisdiction can have collateral consequences. In Gunning v. Doe, 2017 WL 1739442 (Me. May 4, 2017), Maine’s highest court just dodged the issue of the applicable First Amendment test for the disclosure of an anonymous speaker accused of defamation.  Instead, it deferred to California’s test.  Why?  Collateral estoppel:  the defamation plaintiff… Continue Reading

Can You Copyright Infringe Anonymously?

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
Yesterday, the Sixth Circuit heard an anonymous copyright infringement case of first impression. See Signature Management Team, LLC v. Doe, No. 16-2188 (6th Cir.). The issue: whether an adjudicated copyright infringer can remain anonymous. The infringer said he can. “John Doe” appeared in the case through counsel and defended against Signature’s infringement claim. He lost.… Continue Reading

What’s Next For Federal Anti-SLAPP Legislation

Posted in Cybersecurity / Data Security, Government Regulations & FISMA
Congress may re-introduce federal anti-SLAPP legislation this session.  Similar bills in 2009, 2012, and 2015 never made it out of committee.  Our Law360 article identifies several areas to improve on a fourth attempt to enact a universal anti-SLAPP law.  The article also highlights the constant battle between First Amendment rights and rights to protect one’s… Continue Reading