Posts Tagged ‘Facebook’

The liability limit that created the modern online economy

A tribute to Section 230: “No other sentence in the U.S. Code, I would assert, has been responsible for the creation of more value than that one; if you have other candidates for that honor you think more worthy, please do share them.” — David Post on the fateful, intermediary-immunizing “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This bar to liability, Post writes, helped make possible “virtually every successful online venture that emerged after 1996 — including all the usual suspects, viz. Google, Facebook, Tumblr, Twitter, Reddit, Craigslist, YouTube, Instagram, eBay, Amazon.”

Surveillance and privacy roundup

Schools roundup

  • Illinois school district warns parents that in doing investigations under new cyber-bullying law it may require students to hand over their Facebook passwords [Vice Motherboard; earlier on “cyber-bullying”]
  • Powerful, from Christina Hoff Sommers: how a shoddy NPR / Center for Public Integrity campus-rape study fueled legal fury of Department of Education’s Civil Rights Division [The Daily Beast; more, Bader] Nancy Gertner, retired federal judge and prominent progressive voice, on due process for college accused [American Prospect] Questions for New York Sen. Kirsten Gillibrand [KC Johnson, Minding the Campus]
  • Smith College: “the word crazy was censored from the transcript, replaced with the term ‘ableist slur.'” [Kevin Cullen, Boston Globe]
  • “Community College Courtesy of the Federal Taxpayer? No Thanks” [Neal McCluskey, Arnold Kling]
  • “Families Of Two Newtown Victims Sue Town And School Board” [CBS Connecticut via Skenazy; recently on suits against gun businesses]
  • More coverage of open records requests as way to go after ideologically disliked professors [Inside Higher Ed, our take last month]
  • Washington Post piece went viral, but it’s dead wrong: “No, A Majority of US Public School Students are Not In Poverty” [Alex Tabarrok] Look, a not-yet-published paper that claims to confirm something many of us want dearly to believe about school finance. But will it have the staying power of Prof. Hanushek’s? [WaPo “WonkBlog”]

January 12 roundup

Prosecution roundup

  • “Judges seemed to be troubled that prosecutors in Manhattan had secretly searched the entire Facebook accounts of about 300 people who were not charged with a crime” [New York Times]
  • Goshen, N.Y.: “Dozens of speakers thundered against the proposed asset forfeiture law at two public hearings held Monday by Orange County Executive Steve Neuhaus.” [Goshen Chronicle; Neuhaus vetoes measure] Related, forfeiture at work in Pennsylvania [AP/same]
  • Buried lede in breathless story about federal bank fines: “The agency receives a cut of up to 3 percent of its share of the total settlements for its Working Capital Fund, a slush fund common across major government agencies.” [Newsweek]
  • From amid the wreckage: Dan and Fran Keller abuse case [Austin American Statesman]
  • “Missouri’s attorney general announced lawsuits against 13 [St. Louis] suburbs on Thursday, accusing them of ignoring a law that sets limits on revenue derived from traffic fines.” [NY Times via Tabarrok]
  • “It is remarkable enough that an African-American man can be convicted by a jury for breaking into a store that video shows was burglarized by a white female.” [The Open File on Indiana prosecutorial misconduct case via Radley Balko]
  • “Lawyers for California Attorney General Kamala Harris argued releasing non-violent inmates early would harm efforts to fight California wildfires. Harris told BuzzFeed News she first heard about this when she read it in the paper.” [BuzzFeed]

Social media notes

If you’re active on Facebook, don’t forget to like Overlawyered’s page there and consider liking my professional page, which has links to new things I’ve written, appearances, etc. I also have a personal page.

Overlawyered is represented on Twitter and so am I. The two accounts have only a little overlap between them; both are aimed at the general reader, and neither is tremendously interactive.

U.K. proposal for “Extremist Disruption Orders,” cont’d

“Theresa May, the Home Secretary, unveiled plans last month for so-called Extremism Disruption Orders, which would allow judges to ban people deemed extremists from broadcasting, protesting in certain places or even posting messages on Facebook or Twitter without permission.” Who’s an extremist? Funny you should ask. It’s not just preachers of violent jihad:

George Osborne, the Chancellor, has made clear in a letter to constituents that the aim of the orders would be to “eliminate extremism in all its forms” and that they would be used to curtail the activities of those who “spread hate but do not break laws”.

He explained that that the new orders, which will be in the Conservative election manifesto, would extend to any activities that “justify hatred” against people on the grounds of religion, sexual orientation, gender or disability.

He also disclosed that anyone seeking to challenge such an order would have to go the High Court, appealing on a point of law rather than fact.

An outcry has been arising from groups including both conservative Christians and atheists, both of whom suspect that their own controversial speech will be subject to restriction under the new rules. [Daily Telegraph; earlier]

In Britain, shotgun control at your doorstep

From the United Kingdom [Camilla Swift, The Spectator]:

Police this week were granted the authority to carry out random, unannounced checks at the home of anyone who has a gun license. Why? They claim that shooters may be ‘vulnerable to criminal or terrorist groups’ and this is the way to tackle the ‘problem’. The new Home Office guidance assures us this won’t occur ‘at an unsocial hour unless there is a justified and specific requirement to do so.’ Some get-out clause.

More: CPSA. Perhaps, in our American Bill of Rights, there is more of a connection between the Second Amendment and Fourth Amendment than is at first apparent.

And: “Watervliet, NY Asks Pistol Permit Applicants for Facebook Passwords. Or Not.” [Robert Farago, The Truth About Guns]

Fake online personas troll for law firm clients

It did come across as curious when the Facebook acquaintance only seemed to be interested in side effects of medications and whether I had suffered death or injury in an accident. What kind of icebreaker is that? Daniel Fisher at Forbes investigates and finds traces of marketing efforts on behalf of the firm of Parker Waichman. Under New York rules for lawyers, law firm advertising is supposed to be clearly marked as such, nor are its contents supposed to be false or misleading.

P.S. From commenter wfjag: “She wanted to know if I’d died or was suffering a lingering fatal condition. Especial interest in effects on The Brain. No pictures of faces and no information on family lives. I thought I’d finally found Zombie Dating.”