Last week the Berkman Center referred a Dallas Morning News reporter writing about juror use of social media to me, since I've been writing about that subject for the Citizen Media Law blog.
The resulting article is online here.
Jan 31, 2010
Jan 25, 2010
Courts In Maryland, New Jersey, Florida Declare Mistrials After Juror Internet Research
(cross posted at the Citizen Media Law Project)
Appeals courts in Maryland and New Jersey appear to be the first to reverse jury verdicts because of social media use by jurors during trial.
I wrote about the issue of jurors' use of social media back in May, and reported: "there do not appear to be any cases in which courts overturned a jury verdict or ordered a new trial because of use of social media by jurors during trial."
[More courts, however, are adopting rules and jury instructions to curb this growing problem. See this blog post and associated comments for details.]
Appeals courts in Maryland and New Jersey appear to be the first to reverse jury verdicts because of social media use by jurors during trial.
I wrote about the issue of jurors' use of social media back in May, and reported: "there do not appear to be any cases in which courts overturned a jury verdict or ordered a new trial because of use of social media by jurors during trial."
[More courts, however, are adopting rules and jury instructions to curb this growing problem. See this blog post and associated comments for details.]
Jan 22, 2010
Google and the Snake
(cross posted at the National Coalition Against Censorship)
It is, literally, an old story. In the legend of the boy and the snake, a venomous snake asks a boy for help, and promises not to bite him. When the snake bites the boy despite his help, and the boy asks why, the snake says, “because I am a snake.”
The boy in the story learns an important lesson: despite the snake’s promises, in the end the snake behaves as his nature dictates.
Google has recently learned the same lesson.
It is, literally, an old story. In the legend of the boy and the snake, a venomous snake asks a boy for help, and promises not to bite him. When the snake bites the boy despite his help, and the boy asks why, the snake says, “because I am a snake.”
The boy in the story learns an important lesson: despite the snake’s promises, in the end the snake behaves as his nature dictates.
Google has recently learned the same lesson.
Jan 12, 2010
Google's "Oprah" Moment, Gwyneth Paltrow's Rave, and Two Tests for FTC's Endorsement Guides
(cross posted at the Citizen Media Law Project)
It could have been a moment right out of The Oprah Winfrey Show. But instead of the entire audience getting Pontiac G6s (click here for a fun mash-up video of that big event), all the reporters attending the unveiling of Google's new Nexus One mobile phone on January 5 were given a special offer: they could get one of the phones for free, or to opt for a free, 30-day trial, after which the phone will be returned (loan agreement). (The free offer is mentioned in the 1:55 p.m. posting on this Wall Street Journal live blog of the press conference.) It appears that some other reporters who were not at the event also got the phones.
Nice gesture on Google's part, and good public relations. But as pointed out by blogger Marshall Kirkpatrick of ReadWriteWeb, it is also a test of the newly updated Federal Trade Commission "Guides Concerning the Use of Endorsements and Testimonials in Advertising," 16 CFR Part 255 (2010) (html) (large pdf; guides start on p. 55).
It could have been a moment right out of The Oprah Winfrey Show. But instead of the entire audience getting Pontiac G6s (click here for a fun mash-up video of that big event), all the reporters attending the unveiling of Google's new Nexus One mobile phone on January 5 were given a special offer: they could get one of the phones for free, or to opt for a free, 30-day trial, after which the phone will be returned (loan agreement). (The free offer is mentioned in the 1:55 p.m. posting on this Wall Street Journal live blog of the press conference.) It appears that some other reporters who were not at the event also got the phones.
Nice gesture on Google's part, and good public relations. But as pointed out by blogger Marshall Kirkpatrick of ReadWriteWeb, it is also a test of the newly updated Federal Trade Commission "Guides Concerning the Use of Endorsements and Testimonials in Advertising," 16 CFR Part 255 (2010) (html) (large pdf; guides start on p. 55).
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