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Electronic Communication Services (Part III)
Electronic bulletin boards also fall within the realm of “electronic communication services.” See Kaufman v. Nest Seekers, LLC, 2006 U.S. Dist. LEXIS 71104, 16 (S.D.N.Y. 2006) (“An electronic bulletin board fits within the definition of an electronic communication service provider”). 18 U.S.C. ASS 2510(14) defines “electronic communications system” to mean “any wire, radio, electromagnetic, photooptical […]
April 2007 / 1 min.
Remote Computing Services (Part II)
[T]he term “remote computing service” is defined in the ECPA as “the provision to the public of computer storage or processing services by means of an electronic communication system.” 18 U.S.C. ASS 2711(2). The statute’s legislative history explains that such services exist to provide sophisticated and convenient data processing services to subscribers and customers, such […]
April 2007 / 2 min.
Electronic Communication Services vs. Remote Computing Services (Part I)
In Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 875 (9th Cir. 2002), the Ninth Circuit wrote, “The legislative history of the ECPA suggests that Congress wanted to protect electronic communications that are configured to be private, such as email and private electronic bulletin boards.” In general, the status of “electronic communication services”aEUR”such as providers […]
April 2007 / 2 min.
Legal Issues with Institutional Repositories
I am just beginning to delve into legal issues related to institutional repositories. See, for example: Legal Issues for Institutional Repositories: An Overview (PowerPoint via Google). Obviously, I have more research and work to do in this area before being able to put something intelligent together.
April 2007 / 1 min.
UC Hastings Law School Evacuated
The events in Virgina seep across the continent: From: Dean Nell Newton Re: Security Threat Dear students, faculty and staff, Today we have received information from an internet discussion board regarding a copycat threat of violence to the Hastings community. We have met with representatives of the FBI and the San Francisco Police and in […]
April 2007 / 1 min.
EFF: Legal Guide for Bloggers
But here’s the important part: None of this should stop you from blogging. Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn’t use the law to stifle legitimate free expression. That’s why EFF created this guide, compiling a number of FAQs designed to help you understand your rights and, if […]
April 2007 / 1 min.
Legal Impossibility in Sherlock Holmes
It was in the spring of the year 1894 that all London was interested, and the fashionable world dismayed, by the murder of the Honourable Ronald Adair under most unusual and inexplicable circumstances…. For an instant he was rigid and motionless. Then his finger tightened on the trigger. There was a strange, loud whiz and […]
April 2007 / 2 min.
Katz and Berger and a “Reasonable Expectation of Privacy”
Question: Do Katz and Berger support the concept that a “reasonable expectation of privacy” determines when a “search” or “seizure” has occurred in violation of the Fourth Amendment? In Katz, the majority opinion speaks of justifiable reliance determining what is a “search and seizure”: “[t]he Government’s activities in electronically listening to and recording the petitioner’s […]
March 2007 / 3 min.
Gaps Between Teaching and Skills in Law
A large majority of lawyers perceive critical gaps between what they are taught in law schools and the skills they need in the workplace, and appropriate technologies are not being used to help close this gap. aEUR” Gene Koo, New Skills, New Learning: legal education and the promise of technology I can attest to this. […]
March 2007 / 1 min.
Reasonable Expectations of Privacy in Civilian and Military Workplaces
United States v. Long, 64 M.J. 57 (2006) Appellee was charged with unlawful drug use violating Unif. Code Mil. Justice art. 112a, 10 U.S.C.S. ASS 912a. Defense motions to suppress incriminating e-mails seized from appellee’s account on a government computer on a claim that the search was unauthorized were denied, and appellee was convicted. The […]
March 2007 / 2 min.