Internet On Trial

Internet On Trial

Modern Day Litigation, Cyber Defamation, and Law in Sports & Entertainment

If You Think Copyright Trolling is Over You Aren’t Paying Attention

Posted in Copyright, Privacy Law

Matthew Sag

Malibu Media recently filed 42 new copyright troll cases in the U.S. District Court for the District of New Jersey alone, and including New York, Pennsylvania, and Texas, Malibu Media has filed nearly 150 new copyright cases in 2017. Needless to say, copyright trolling is far from over, Continue Reading

What is the “single publication rule,” and why should you care?

Posted in Cyber-defamation, Defamation, First Amendment, New Jersey, Ohio


© 2007 by inacheapwestern

© 2007 by inacheapwestern

You’ve probably heard the term statute of limitations before, and you might even know what it is — the time limit for filing a lawsuit, which is established by a state legislature or Congress, and defines the absolute deadline that a suit can be filed after the occurrence of the event that gave rise to the lawsuit in the first place. Statutes of limitation vary greatly from state to state, and also vary depending on the type of lawsuit at issue. For example, in Pennsylvania, you have only two years to file any lawsuit for personal injury, medical malpractice, products liability, or wrongful death; these limits are the same in New Jersey, but in New Jersey, you have six years to bring a claim for breach of a contract, while in Pennsylvania the limit is only four years. Ohio shares NJ’s limitation periods for personal injury, products liability, wrongful death, and oral contracts, but allows additional time to file suit on a written contract; Ohio also allows only one year to file a medical malpractice claim. All three states, however (along with a host of others) share the same one-year limitation period for claims of defamation. There are a few states, such as Florida, Missouri, and Indiana, which have a two-year limitation period for defamation cases, and Massachusetts is known for having the longest statute of limitations — three years. Continue Reading

Can Hackers Access Your Data by Copying Your Fingerprints?

Posted in Privacy Law
Photo courtesy of Samantha Celera

© 2008 by Samantha Celera

Unlocking your iPhone using biometrics (“fingerprint”) authentication is undoubtedly convenient, but have you considered the cost—the security tradeoffs you make in exchange for that added convenience? Although privacy and Fourth Amendment laws among the states are still very much in flux, it’s no longer just the police you have to worry about accessing your data. Digital photo technology has advanced far enough that hackers can use a high-resolution photo that includes your fingers—say, for example, you flashing a peace sign—to make a duplicate of your fingerprint. So what should you do? Continue Reading

Which Mobile Device Platform is More Secure — Android or Apple?

Posted in Privacy Law, Technology Law

low light camera iphone

If you tend to pay attention to trends in online and mobile device security, then this information isn’t news per se, but nevertheless, given how fast these things can change, it’s always good to follow the latest headlines, because that’s the best way to stay ahead of the game. Rest assured, if you’re one of the unknown millions of people who ponied up the dollars for a svelte, new iPhone 7 last month, you made a better choice that the folks who opted for the latest virtual reality phone by Samsung, at least, so says Rekall Technologies, a reputable provider of cloud-based IT services for law firms. Here’s why:

Like Apple, Google provides a centralized market for mobile applications called Google Play. However, that is offset by the Android’s ability to install apps from third-party sources. Some are well-known and reputable such as Amazon. Others are not, and originate from malware hotspots in Russia and China. The criminal developers deconstruct and decompile popular apps like Angry Birds, and publish malicious versions and make them available for free.

Of course you don’t have to be a lawyer, or work for a law firm to choose Apple over Android — don’t you want to carry the best and most secure mobile device that’s readily available to the general public?

Source: Apple Vs. Android Which is more Secure for Law Firm Usage? – Rekall Technologies

Photo © 2016 by Seth Doyle

Sutton Knocks Another One Out of the Park, Shuts Down $19 Trillion Suit Against Google

Posted in Cyber-defamation, Defamation, Internet & Media Law, Litigation & Appeals

Pro tip: If ever you Google yourself, and are unhappy with the results, don’t sue Google. Why not? Because under a federal law known as the Communications Decency Act, websites and/or services that only republish or display content created by third-parties — i.e. sites that don’t create their own substantive content — are not liable for the substance of that third-party content. It makes sense, right? The person/entity that should be liable is the one who is responsible for creating it. It almost follows the old adage — don’t shoot the messenger….

Apparently Colin O’Kroley never got that memo. After plugging his own name into the popular search engine, back in 2012, O’Kroley was shocked to see this as the top result in Google: Continue Reading

Government “Appeals” Judge Orenstein’s Ruling

Posted in Litigation & Appeals, Privacy Law, Technology Law

The U.S. Attorney for the Eastern District of New York (that’s Brooklyn, for everyone in the rest of the world) has filed an “appeal” of Magistrate Judge James Orenstein’s order denying its motion to compel Apple to develop software to bypass the security measures built into iOS to withstand a brute force attack. Why is “appeal” in quotes you ask? Continue Reading

NY Federal Judge Gets it Right, Rules in Favor of Apple

Posted in Internet & Media Law, Privacy Law, Technology Law


Continue Reading

The Government’s War on Encryption, Backdoors, and What in the World Would Antonin Scalia Do?

Posted in Internet & Media Law, Privacy Law, Technology Law

EFF to Support Apple in Encryption BattleEarlier this week, the anti-encryption discussion got elevated to a war. No, a federal court judge did not order Apple to crack the encryption on the dead terrorist’s iPhone 5C, though you’d be forgiven if that’s what you heard or believed, since mainstream media outlets as big as NBC are reporting it that way. Thanks to Mike Masnick (@mmasnick) at Techdirt, I don’t have to explain the difference between what the order entered by U.S. Magistrate Judge Sheri Pym says versus the way it’s been widely reported in the news. Continue Reading

How Secure Are Your Text Messages?

Posted in Privacy Law, Technology Law

2016-02-12 17331404352_bdaccc7a92_o

Over 6 billion text messages are sent in the U.S. every single day. That’s 6,000,000,000. Ninety-seven percent of Americans send at least one text message per day. The average Millennial exchanges 67 texts per day. Text messaging is rapidly becoming the preferred method of communication for many people. But just how private are those messages? Do you know? Do you even care? Continue Reading

Don’t Become a Statistic: Fight Copyright Trolls Now

Posted in Copyright, Internet & Media Law
Photo courtesy

Photo courtesy

Copyright trolls like Malibu Media, Voltage Pictures, Dallas Buyers Club, TCYK, and Manny Film LLC now account for over 40% of all copyright infringement lawsuits in the United States. Over the last half decade, these and other vexatious litigants have devised a scheme to outmaneuver the legal system by exploiting the nexus of antiquated U.S. copyright law — which has miserably failed to keep up with the technology and capabilities of the Internet — with the paralyzing social stigma of being accused of stealing, in federal court, and the relative costs of paying for a legal defense versus paying the copyright troll to “settle out of court.” While it is true that existing copyright law allows up to a $150,000 statutory penalty per single act of willful infringement, copyright trolls aim for much lower hanging fruit; Continue Reading