Lauren Gelman's blog

Florida Court Rules That State Must Produce Intoxilyzer Source Code

As part of the ongoing criminal trial State v. Bjorkland, No. 2004 CT 014406 (Sarasota County Ct. Nov. 2, 2005) (order granting access to source code), a Florida trial court recently ruled that the State of Florida must produce the software source code for the EPROM’s (erasable programmable read only memory) in the Intoxilyzer machine used to test the defendants’ blood alcohol content. Read more about Florida Court Rules That State Must Produce Intoxilyzer Source Code

Illinois District Court rejects personal jurisdiction over California newspaper based solely on their website

Plaintiffs Bo Jackson (“Jackson”) and Ellen Coleman brought an action initially in the Circuit Court of Cook County, Illinois, alleging defamation, invasion of privacy and intentional infliction of emotional distress in response to an article in defendants’ newspaper, published in California, and on its website stating that "Bo Jackson lost his hip because of anabolic [steroid] abuse."After removing the action to the United States District Court for the Northern District of Illinois, Eastern Division, defendants moved to dismiss for want of personal jurisdiction and improper venue or, in th Read more about Illinois District Court rejects personal jurisdiction over California newspaper based solely on their website

Mia Garlick

Open Content Licensing: A Review of the Licensing Infrastructure & Experience of Creative Commons

with

Mia Garlick
General Counsel, Creative Commons

Monday November 21, 2005
12:30-1:30 PM
Room 280A
Stanford Law School
Open to All
Lunch Served Read more about Mia Garlick

Cultural Environmentalism at 10

Cultural Environmentalism at 10
A Center for Internet and Society Symposium
Stanford Law School
March 11-12, 2006

Ten years ago, Duke Law Professor Jamie Boyle suggested that the history of the environmental movement offered powerful theoretical and practical lessons to those who sought to recognize the importance of the public domain, and to expose the harms caused by a relentlessly maximalist program of intellectual property expansion. Read more about Cultural Environmentalism at 10

Colette Vogele

Podcasting: Legal Issues of the Revolution

with

Colette Vogele
Vogele & Associates
CIS Non-Residential Fellow

Monday November 14, 2005
12:30-1:30 PM
Room 280A
Stanford Law School
Open to All
Lunch Served Read more about Colette Vogele

TSA Censors SecureFlight Working Group Report (find it here)

In a fitting end to my participation on the TSA Secure Flight Working Group on Privacy and Security, the TSA has "scrubbed" our final report criticizing the program off its website according to a report by Ryan Singel (nice work!). "Several items have been refreshed to ensure appropriate information for public consumption is available," TSA spokesman Nico Melendez told Ryan. Their hubris is just unbelieveable. Read more about TSA Censors SecureFlight Working Group Report (find it here)

Internet, Blogs and the Current French Revolution

I heard some interesting things on the radio this morning about how the protestors are using blogs and other social software to organize and coordinate their protests across France. This is a wonderful example of how new technologies can impact democracy.

Of course, this poses a threat to the establishment. According to Wired News, French prosecutors shut down several blogs this week and arrested bloggers suspected of inciting violence. Read more about Internet, Blogs and the Current French Revolution

Second Circuit Rules that Government Cannot Obtain Real-Time Cell Site Information Without Showing Probable Cause

Upon the Government’s Motion for Reconsideration of the court’s earlier order on the subject, Judge Orenstein of the Eastern District of New York again denied the government permission to obtain real-time cell site information as part of an ongoing criminal investigation without first showing probable cause. Cell site data is information which is used by the service provider to locate and identify the phone for communication purposes. Read more about Second Circuit Rules that Government Cannot Obtain Real-Time Cell Site Information Without Showing Probable Cause

California’s Financial Information Privacy Act Preempted by Federal Law

Through the Financial Information Privacy Act (“SB1”), the California Legislature was seeking to offer the citizens of California more stringent privacy protections than those afforded under federal law (namely the Fair Credit Reporting Act (“FCRA”), as amended by the Fair and Accurate Credit Transactions Act of 2003, Title V of the Gramm Leach Bliley Act) (see 15 U.S.C. Read more about California’s Financial Information Privacy Act Preempted by Federal Law

First Amendment Prevents Enforcement of French Judgment Against US Website

Sarl Louis Feraud International and S.A. Pierre Balmain, French corporations that design and market high-fashion clothing, sought to enforce a default judgement issued by the Tribunal de Grande Instance de Paris against Viewfinder Inc., an American company that maintains websites on which it posts photographs from fashion shows and other information about fashion events, for copyright infringement. In May 2001 the French court awarded damages to plaintiffs, along with a coercive fine (“astreinte”) of 50,000 francs per day for each day that Viewfinder failed to comply with the judgment. Read more about First Amendment Prevents Enforcement of French Judgment Against US Website

elf-Published Authors' Effort to Squelch Criticism on Amazon.com Dismissed

Pro se plaintiff Jeffrey Hammer brought an action in the United States District Court for the Eastern District of New York against defendant Amazon.com (“Amazon”). Non-party Anthony Trendl (“Trendl”) posted negative reviews of plaintiff’s books on Amazon’s website, Amazon.com, and plaintiff wanted them removed from Amazon’s website. After Trendl was sued by plaintiff, Amazon.com provided Trendl with counsel. Moreover, after numerous complaints from plaintiff about Trendl’s reviews, Amazon removed plaintiff’s books from its website under the terms of the contract with plaintiff. Read more about elf-Published Authors' Effort to Squelch Criticism on Amazon.com Dismissed

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