A couple of weeks ago, Wikimedia’s lawsuit against the NSA got thrown out. Wikimedia (and the ACLU, NACDL, Amnesty International, and many more) claimed the NSA was violating everyone’s rights with its “upstream” surveillance of internet communications. The court dismissed the case because nobody could prove that they had “standing”...
If you’re trying to market your law firm online, no doubt you have a blog. You know how important a blog can be for building your brand, and maximizing your SEO. You’re doing everything right — loading up on keywords, submitting your posts to social media sites, and asking...
Last month, we posted on the senate hearings on whether the feds need to get a warrant before getting emails and other stuff stored in the cloud. The Obama administration would rather let the feds continue to get such stuff without bothering to get a warrant, as they now can...
Our jury’s still out, and there’s so much stuff to catch up on. There’s the 5th Circuit’s denial of Jeff Skilling’s appeal, even though the Supreme Court had struck down the “honest services fraud” charge last summer. We were so ready to write something about it yesterday, but work intervened,...
We’ll admit to a guilty pleasure. Sometimes we surf over to Avvo and check out the questions people are asking criminal lawyers here in NY, and the answers various lawyers are providing. It can be cringe-worthy, but once in a while it can be instructive. We cringe when people ask...
Back in the infancy of this blog, we wrote a piece called “No More Google Mistrials: A proposal for courts to adapt to modern life.” In it, we lamented that our jurisprudence hadn’t caught up with the realities of the internet age, and that mistrials were still being called whenever...
Remember the Lori Drew case? She’s the mom who was convicted last Thanksgiving for creating a fake MySpace persona, which she then used to harass a teenaged girl until the girl committed suicide. After she was convicted, we argued that her conviction stretched the meaning of the statute too...
“Google mistrials” are in the news again. Every few years, we hear about mistrials being declared because jurors were caught researching the facts online. It’s not a new phenomenon — there have always been jurors who felt the urge to find out for themselves what really happened — all that’s...
We were away last week, achieving an unqualified victory in a case brought by the Antitrust Division. But while we were gone, Lori Drew got convicted of three criminal counts of accessing a computer without authorization. Drew is the mom who was accused of harassing a teenaged girl over...
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