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).
Showing posts with label Email. Show all posts
Showing posts with label Email. Show all posts
Nov 4, 2014
Sep 23, 2014
Social Service: New York Court Allows Legal Notice Via Facebook
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.
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.
Jan 7, 2014
California Judicial Council Recommends Repeal of Law Criminalizing Juror Internet Use
cross posted at the Digital Media Law Project)
In August 2011, California adopted a statute making it a crime for jurors to use social media and the Internet to do research or disseminate information about cases. Now, two years after the law went into effect, the state's Judicial Council has recommended that the statute be repealed.
In August 2011, California adopted a statute making it a crime for jurors to use social media and the Internet to do research or disseminate information about cases. Now, two years after the law went into effect, the state's Judicial Council has recommended that the statute be repealed.
Apr 4, 2013
Social Media Goes Legit
(cross posted at the Digital Media Law Project)
There have several recent developments which mark a milestone in the evolution of social media platforms: their acceptance as mainstream forms of communication, on equal footing with older forms of communicating official or "important" messages.
There have several recent developments which mark a milestone in the evolution of social media platforms: their acceptance as mainstream forms of communication, on equal footing with older forms of communicating official or "important" messages.
Nov 15, 2011
D.C. Courts Fight the Future in New Electronic Device Rule
(cross posted at the Citizen Media Law Project)
The Blog of the Legal Times reports that the Superior Court of the District of Columbia -- the local trial court for the nation's capital -- has issued a new administrative order regarding use of electronic devices in the courthouse. And like other courts, the new rules impose a class system of "haves" and "have nots" -- favored types of the people can have and use the devices, while everyone else can not. The rules also contain an archaic view of electronic devices that effectively means that even when the rules allow them to be used, they cannot be used for any modern, web-based functions.
The Blog of the Legal Times reports that the Superior Court of the District of Columbia -- the local trial court for the nation's capital -- has issued a new administrative order regarding use of electronic devices in the courthouse. And like other courts, the new rules impose a class system of "haves" and "have nots" -- favored types of the people can have and use the devices, while everyone else can not. The rules also contain an archaic view of electronic devices that effectively means that even when the rules allow them to be used, they cannot be used for any modern, web-based functions.
Sep 1, 2011
New California Law Prohibits Jurors' Social Media Use
(cross posted at the Citizen Media Law Project)
California has adopted a new statute which clarifies that jurors may not use social media and the Internet – such as texting, Twitter, Facebook, and Internet searches – to research or disseminate information about cases, and can be held in criminal or civil contempt for violating these restrictions.
California has adopted a new statute which clarifies that jurors may not use social media and the Internet – such as texting, Twitter, Facebook, and Internet searches – to research or disseminate information about cases, and can be held in criminal or civil contempt for violating these restrictions.
Aug 11, 2011
New State-By-State Compilation of Social Media Jury Instructions
Last year I began a state-by-state compilation of jury instructions regarding jurors' use of the Internet and social media, which has been one of the most popular posts on this blog.
Now I have put together a complete compilation of such instructions from the every state, as well as the federal circuits, along with summaries of cases in which the courts have dealt with juror using the Internet and social media during trial.
The new compilation is published in the latest edition of the Reynolds Courts & Media Law Journal (available here), the journal I edit for the Donald W. Reynolds National Center for Courts and Media.
Now I have put together a complete compilation of such instructions from the every state, as well as the federal circuits, along with summaries of cases in which the courts have dealt with juror using the Internet and social media during trial.
The new compilation is published in the latest edition of the Reynolds Courts & Media Law Journal (available here), the journal I edit for the Donald W. Reynolds National Center for Courts and Media.
Apr 26, 2011
Can CAN SPAM Apply to Social Media? Yes It Can.
(cross posted at the Citizen Media Law Project)
The regulation of commercial speech on social media sites continues to increase. In late March, a federal court in California held that Facebook postings fit within the definition of "commercial electronic mail message" under the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act;" 15 U.S.C. § 7701, et seq.). Facebook, Inc. v. MAXBOUNTY, Inc., Case No. CV-10-4712-JF (N.D. Cal. March 28, 2011).
The regulation of commercial speech on social media sites continues to increase. In late March, a federal court in California held that Facebook postings fit within the definition of "commercial electronic mail message" under the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act;" 15 U.S.C. § 7701, et seq.). Facebook, Inc. v. MAXBOUNTY, Inc., Case No. CV-10-4712-JF (N.D. Cal. March 28, 2011).
Sep 13, 2010
Juror Use of Social Media: A State-by-State Guide
FOR A NEW, COMPREHENSIVE COMPILATION OF THESE INSTRUCTIONS, CLICK HERE.
Courts are increasingly becoming aware -- and wary -- of jurors using social media and other Internet tools to communicate to or from the courthouse during trial and / or deliberations.
Juror use of this media may take several forms: jurors conducting independent research on the case on the Internet; sending e-mails, text messages, Tweets or other communication conveying developments in a trial or deliberations; or using the camera feature of mobile technology to record courtroom proceedings.
In response to this growing concern -- and a growing number of mistrials in some cases due to improper juror use of technology -- several states have adopted or proposed rules or statutes which would explicitly limit such activity by jurors.
The goal of this post, which will be updated as developments warrant, is to compile these rules. Contributions of such rules that I have missed are welcome (email eric at blowlawonline.com).
Courts are increasingly becoming aware -- and wary -- of jurors using social media and other Internet tools to communicate to or from the courthouse during trial and / or deliberations.
Juror use of this media may take several forms: jurors conducting independent research on the case on the Internet; sending e-mails, text messages, Tweets or other communication conveying developments in a trial or deliberations; or using the camera feature of mobile technology to record courtroom proceedings.
In response to this growing concern -- and a growing number of mistrials in some cases due to improper juror use of technology -- several states have adopted or proposed rules or statutes which would explicitly limit such activity by jurors.
The goal of this post, which will be updated as developments warrant, is to compile these rules. Contributions of such rules that I have missed are welcome (email eric at blowlawonline.com).
May 21, 2010
Seventh Circuit Vacates Contempt for E-Mail Barrage
(cross posted at the Citizen Media Law Project)
The Seventh Circuit Court of Appeals has vacated the summary contempt citation and sentence imposed by U.S. District Judge Robert Gettleman after his court e-mail account was inundated with messages after infomercial pitchman Kevin Trudeau urged his supporters to e-mail the judge. FTC v. Trudeau, No. 10-1383, slip op. (7th Cir. May 20, 2010).
The Seventh Circuit Court of Appeals has vacated the summary contempt citation and sentence imposed by U.S. District Judge Robert Gettleman after his court e-mail account was inundated with messages after infomercial pitchman Kevin Trudeau urged his supporters to e-mail the judge. FTC v. Trudeau, No. 10-1383, slip op. (7th Cir. May 20, 2010).
Feb 24, 2010
Infomercial King Gets 30-Day Sentence for EMail Barrage
There is an update to this post.
(cross posted at the Citizen Media Law Project)
According to infomercial pitchman Kevin Trudeau, there are numerous "truths"—natural cures to diseases and medical conditions, weight-loss plans, debt-relief strategies, and government grant programs—that "they" (the government, big business, and the mainstream media) don't want you to know about.
On February 11, a federal judge told Trudeau that he didn't want to know about how the author and pitch master had purportedly affected people's lives. The judge held Trudeau in contempt after the judge's email account was flooded with hundreds of emails supporting Trudeau in response to a missive on Trudeau's web site.
(cross posted at the Citizen Media Law Project)
According to infomercial pitchman Kevin Trudeau, there are numerous "truths"—natural cures to diseases and medical conditions, weight-loss plans, debt-relief strategies, and government grant programs—that "they" (the government, big business, and the mainstream media) don't want you to know about.
On February 11, a federal judge told Trudeau that he didn't want to know about how the author and pitch master had purportedly affected people's lives. The judge held Trudeau in contempt after the judge's email account was flooded with hundreds of emails supporting Trudeau in response to a missive on Trudeau's web site.
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.
Nov 9, 2009
"I Know It When I See It." The View from Where?
(cross posted at the Citizen Media Law Project)
Jeffrey A. Kilbride and James Robert Schaffer are spammers. They sent millions of unsolicited e-mails advertising pornographic web sites, and were paid a fee whenever a recipient of their e-mails purchased a subscription to one of the sites, earning a total of $1.1 million.
In 2007, Kilbride and Schaffer were convicted of violating the Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN-SPAM Act) by using falsified headers and domain names in their e-mails, conspiracy, fraud, money laundering, and various obscenity charges, and sentenced to 72 and 63 months in prison, respectively. They were also fined $100,000 and ordered to pay $77,500 in restitution to AOL and to forfeit the proceeds from their spamming operation.
Kilbride and Schaffer appealed, leading to an important decision on how the Supreme Court's standards for obscenity apply on the Internet. U.S. v. Kilbride, No. 07-10528 (9th Cir. Oct. 28, 2009).
Jeffrey A. Kilbride and James Robert Schaffer are spammers. They sent millions of unsolicited e-mails advertising pornographic web sites, and were paid a fee whenever a recipient of their e-mails purchased a subscription to one of the sites, earning a total of $1.1 million.
In 2007, Kilbride and Schaffer were convicted of violating the Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN-SPAM Act) by using falsified headers and domain names in their e-mails, conspiracy, fraud, money laundering, and various obscenity charges, and sentenced to 72 and 63 months in prison, respectively. They were also fined $100,000 and ordered to pay $77,500 in restitution to AOL and to forfeit the proceeds from their spamming operation.
Kilbride and Schaffer appealed, leading to an important decision on how the Supreme Court's standards for obscenity apply on the Internet. U.S. v. Kilbride, No. 07-10528 (9th Cir. Oct. 28, 2009).
Oct 26, 2009
As Politicians Adopt Social Media, They Bump Into the Law
(cross posted at the Citizen Media Law Project)
As social media become more popular, it is inevitable that enterprising politicians will use it promote themselves, connect with constituents, and garner votes. The White House has a blog, several Senators and House members tweet, and elected officials and candidates at all levels of government are using social media to get out their messages.
But just as use of social media by voters is coming into conflict with existing election laws, some politicians are discovering that their use of social media may clash — or at least create possible problems — with existing campaign and government disclosure laws.
As social media become more popular, it is inevitable that enterprising politicians will use it promote themselves, connect with constituents, and garner votes. The White House has a blog, several Senators and House members tweet, and elected officials and candidates at all levels of government are using social media to get out their messages.
But just as use of social media by voters is coming into conflict with existing election laws, some politicians are discovering that their use of social media may clash — or at least create possible problems — with existing campaign and government disclosure laws.
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