E.U. Seeks to Take Over the Internet

Dec 16, 2014
For a while now I and others have written and spoke about the court decision (summary) earlier this year applying the European Union's conception of the right to privacy, including "the right to be forgotten," to internet search engine results. Now, the European Union is seeking to export the concept worldwide.

The Impact of "The Right to Be Forgotten"

Nov 11, 2014
I've written before on the European Union's "right to be forgotten," and the dangers that a European Court of Justice ruling earlier this year applying the right to search engine results poses to the internet.

Today, I was pleased to give a presentation on the origins of the "right to be forgotten" and the court decision, and the implications for the internet both in Europe and here in the United States to the Sports, Entertainment, and Media Law Society at the LSU Law Center.

Court Approves Class Notice via E-mail

Nov 4, 2014
On the heels of a New York state court approving service in a child support case via Facebook, a federal court in New York has approved the parties' agreement that potential plaintiffs in a class action lawsuit against Gawker Media over intern pay may be served notice of the lawsuit via e-mail. Mark v. Gawker Media LLC, Civil No. 13-4347 (order Nov. 3, 2014).

Small Survey Shows Juror Misconduct Online May Be a Big Problem

Oct 24, 2014
In previous posts, I have been skeptical of surveys of judges that have revealed low levels of internet and social media use by jurors. Now a small survey of New Hampshire state judges indicates that it such juror misconduct may be more common.

New Poster Gets Specific On Juror Research, Social Media Use

Oct 6, 2014
The National Center for State Courts has released a new poster, "Juror Responsibilities Regarding the Internet and Social Media," that is intended for jury rooms to remind jurors that they should not from research or use social media to discuss cases. But the poster's limited explanation of the reasons behind the restrictions is problematic.

Social Service: New York Court Allows Legal Notice Via Facebook

Sep 23, 2014
A  man may serve legal notice on his ex-wife in a child support case via Facebook because other methods have proved fruitless, a New York family court judge has ruled. Noel B. v. Anna Maria A., Docket No. F-00787-13/14B (N.Y. Fam. Ct. Sept. 12, 2014).

While this is not the first time that a court has allowed service of legal notice via Facebook, it differs from other cases in that in this case the court approved the Facebook notice as the primary means of service, rather than a secondary method as in other cases.

Juror's Online Research Leads to Murder Reversal

Sep 19, 2014
Research by a juror in a Pennsylvania trial which uncovered the defendant's prior involvement with the law has led a judge to order a new trial in a murder case in which the defendant has been on death row since 2007.

This marks the second known time that a murder conviction has been overturned because of a juror's online research, although in that case the reversal was also based on a juror who fell asleep during the trial. See Erickson Dimas-Martinez v. State, 2011 Ark. 515, 385 S.W.3d 238 (2011).

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