E-Commerce Law

Blawg Review #140

The Blawg Review is a weekly review of the best law-related posts from a variety of blogs. Having enjoyed hosting Blawg Review #103 (the BaseBlawg Review) in April, I eagerly volunteered to host another installment. However, other than to direct your attention to the Sports Law Blog’s summary of commentary on the Mitchell report, this edition of the Blawg Review will have no references whatsoever to baseball. Like many other legal bloggers do at this time of year (like here, here, here, here, and here), I’ll stick with a holiday theme.

Since today is Christmas Eve, I thought about drawing inspiration for this issue from Twas the Night Before Christmas before the Blawg Review’s intrepid editor pointed out that a similar framework had been used, years ago, by Wired GC. Undeterred, I turned to another holiday favorite, the Twelve Days of Christmas.

For Attorneys: How the Internet Can Make Or Break Your Reputation and What You Can Do About

On January 24th, I'll be speaking at an event for the DC Bar's Law Practice Management Committee entitled "Practicing Law in the E-Court of Public Opinion: How the Internet Can Make Or Break Your Reputation and What You Can Do About."  I'll be on a panel with Andrew Mirsky, moderated by Carolyn Elefant, discussing the role of the First Amendment and defamation law in protecting an attorney's reputation. 

At E-Commerce Law, we've addressed Internet defamation and how Section 230 of the Communications Decency Act has destroyed traditional concepts of defamation law.  I've been asked to address some practical ways that attorneys, in particular, can protect and enhance their Internet image.

My Shingle has more details.  Check in there if you're interested in signing up to attend the event in person or by telephone.

Happy Holidays!

E-Commerce Law Briefs will return on Friday, January 4, 2008, but make sure to check out our holiday-themed issue of the Blawg Review on Christmas Eve.

E-Commerce Law Briefs: Week of December 10, 2007

A Georgia couple has filed a second Internet defamation lawsuit, this time against a person who posted allegations that the couple is involved in illegal drug activity. The couple previously filed a $1 million suit against the website that published the post. Unless we’re missing something, the couple’s attorney is probably going to get an education on Section 230 of the Communications Decency Act.

(Link: Web site post leads to second law suit at Rome News-Tribune.com)

A Texas appellate court has ruled that an anonymous blogger has a First Amendment right to anonymity in a defamation lawsuit unless the plaintiff can demonstrate that it has suffered actual financial losses due to the defendant’s defamatory postings.

(Link: Court upholds Paris blogger's anonymity at Houston Chronicle)

E-Commerce Law Briefs is a weekly feature appearing each Friday afternoon on E-Commerce Law. Each week, E-Commerce Law Briefs will provide a brief summary and commentary on recent legal news affecting e-commerce businesses.

E-Commerce Law Briefs: Week of December 3, 2007

"Two newly published studies report an accelerating threat of Internet financial crime, the latest evidence of the growing danger.

The Ponemon Institute reports that the average cost for a business victimized by a data breach rose 30 percent this year to $6.3 million. A separate Federal Trade Commission report issued this week estimates that more than 8 million Americans were victims of identity theft in 2005, based on comprehensive survey data collected and analyzed during the past year and a half."

(Link:  Rising cost of Internet financial crimes tallied at SilliconValley.com)

E-Commerce Law Briefs is a weekly feature appearing each Friday afternoon on E-Commerce Law. Each week, E-Commerce Law Briefs will provide a brief summary and commentary on recent legal news affecting e-commerce businesses.

Calder "Effects Test" Applied to Internet Defamation Case

In early November, the United States District Court for the Western District of Texas applied the "effects test" set forth by the United States Supreme Court in Calder v. Jones, 465 U.S. 783 (1984), to deny a defendant’s motion to dismiss an Internet defamation case for lack of personal jurisdiction.

The case, McVea v. Crisp, 2007 WL 4205648 (W.D. Tex. 2007), involves allegedly defamatory statements posted on the website www.thealamofilm.com concerning the research and works of Denise McVea and Jeff Dunn relating to historical figures from Texas. Plaintiff filed suit in Texas; defendant acknowledged authoring the offending posts but filed a motion to dismiss the case for lack of personal jurisdiction under Fed. R. Civ. P. 12(b)(2).

E-Commerce Law Briefs: Week of November 26, 2007

In 2005, 8.3 million Americans were victims of identity theft but more than half of the victims suffered no out-of-pocket losses.

(Link: 8.3 million Americans victims of ID theft at washingtonpost.com)

"The Universal Digital Library, a book-scanning project backed by several major libraries across the globe, has completed the digitization of 1.5 million books and on Tuesday made them free and publicly available."

(Link: Online library offers 1.5 million works and counting at CNET News)

Many Facebook users are complaining about the social networking site’s new advertising program that publishes their online purchasing history. The program, launched in early November, gives the user two opportunities to "opt out" of the program and prevent his or her recent purchases from being displayed to Facebook friends. Early on, a technical problem prevented one of the opt out messages from being displayed and many users simply didn’t notice the other. Facebook says that it has repaired the glitch but many users are still bothered by what they characterize as an invasion of privacy.

(Links: Users decry Facebook tracking and Facebook fixes ad-sharing glitch at SiliconValley.com)

E-Commerce Law Briefs is a weekly feature appearing each Friday afternoon on E-Commerce Law. Each week, E-Commerce Law Briefs will provide a brief summary and commentary on recent legal news affecting e-commerce businesses.