Tag Archives: law

Is a data center liable for defamatory or harassing websites? No.

There are three categories of folks who may have control over a website’s content at any given time.  These are (1) the website owner, (2) the web hosting company, and (3) a data center used by the web hosting company.  The first two are directly related to the content’s storage; a website owner creates and

TSA Scans & Patdowns: Do these violate the 4th Amendment? Maybe.

Searches performed at airports prior to boarding planes have just gotten more intrusive—both physically and pictorially.1   The TSA2 has implemented new rules requiring airplane passengers to submit to either a full-body scanner or an ‘enhanced’ pat-down procedure.  Janet Napolitano, head of the TSA’s parent Department, the Department of Homeland Security, has defended the new

Using privacy law to protect virtual resources rather than property law

Author’s Note: This an excerpt from an early draft of a paper I am currently writing. I.    Introduction Applying property rights  to virtual resources is often justified by arguing that property rights will allow consumers and users to better protect their interests online and in online games.  Garrett Ledgerwood, in Virtually Liable, argues “[a] court’s

Is there a viable argument that Twitter is more like a coffee house conversation than an online publication?

Jacqui Lipton posted a cross-post at the Madisonian and The Faculty Lounge about Twitter and defamation. The following questions were posed: Is there a viable argument that Twitter is more like a coffee house conversation than an online publication?  If so, should this matter for a defamation analysis?  And, if it does, where does one

How Technology Changes Everything, Yet Changes Nothing

Technology makes travel faster.  Farther.  Safer, and more dangerous. Technology brings us closer.  It allows more communication.  It places us farther away.  It makes communication more difficult. Technology brings revolution.  Writing.  The printing press.  The internet.  Epochs of man measured by technology. Technology changes everything. Yet, nothing changes. Man still communicates with man.  There is