Quoted by the AP. And Herman Cain.

I've been quoted by the Associated Press in a story about a bill pending in California that would allows judges to fine jurors who use social media or the internet improperly during trials. And 2012 presidential candidate Herman Cain pulled my quote from the AP for his daily news update (halfway down the page).

Pot, Meet Kettle? Supreme Court Criticizes Judicial Internet Research

It has been shown both empirically and anecdotally that the justices of the U.S. Supreme Court have conducted their own internet research in order to decide cases. But now that Court has criticized a Maryland appeals court for doing the same thing.

Appellate Judges Argue Over Online Research

Along with ongoing issues regarding jurors researching cases online, a related question has been how appropriate it is for judges to do the same.

Online research by U.S. Supreme Court justices has been shown empirically and anecdotally, and there have been instances of lower court judges doing online research. Now, the judges of a federal circuit court have entered the controversy.

Justices Use Internet "Extrinsic Evidence" in Big Cases

Two of the Supreme Court's recent major decisions provide vivid examples of my prior blog post about judges (and Supreme Court justices in particular) using "extrinsic evidence" -- materials other than what the lawyers present to them in briefs, trial, or argument -- to make judicial rulings.

Extrinsic Research: Yes, Judges Do It Too

(cross posted at the Citizen Media Law Project)
Several posts on this blog have discussed the issue of jurors conducting "extrinstic" research by looking up facts online to supplement the evidence that is presented them in court. Courts nationwide are struggling to figure out how to deal with this, from posters in jury rooms to penalizing jurors for conducting such research.

Washington Courts Confront Twitter Appeal

A man convicted in 2010 of murdering Mark Stover, a “dog whisperer” with celebrity clients including Starbucks founder Howard Schultz, ballplayer Ichiro Suzuki and musician Eddie Vedder, has filed a motion for a new trial, citing the 20 tweets that one juror posted during the trial.

Court Disconnect: Judge Urges Jurors to Keep Off MySpace

One of the major problems with juror use of the Internet and social media -- and courts' attempts to stop it -- is the disconnect between judges and other court officials, who are generally older and less familiar with modern media tools and services, and jurors who are tech-savvy.

Another Verdict Falls Due to Internet Research

The Vermont Supreme Court has reversed a conviction for aggravated sexual assault on a child because a juror in the case was found to have researched Somali religion and culture, which was an issue in the case. State v. Abdi, No. 2010-255, 2012 VT 4, 2012 WL 231555, 2012 Vt. LEXIS 5 (Jan. 26, 2012).

My Thrill on TWiL

This morning I was among the guests on the This Week in Law webcast, during which we discussed several current issues in Internet and technology law, ranging from Tweeting from courtrooms, which I do know something about, to the implications of copyright and patent protection for various video codecs, which is pretty much beyond my expertise. 

Audio and video of the webcast is available here.

Two Courts Rule on Internet Use: Lawyer's Use OK; Juror's Use is Not

In two recent decisions, appellate courts in New Jersey and Florida addressed use of the Internet to conduct research during trial.