Drawing the line between protected speech and unprotected action is one of the oldest issues under the First Amendment. Recent cases involving social media postings are bringing the issue into the 21st century. READ MORE

In a free-ranging decision, the ECJ explains when Internet content can be used, whether it needs to be technically blocked, and when one can hyperlink to it. READ MORE

Websites and publishers are chasing the perfectly crafted headline that you can’t help but click, share or buy. So inevitably, the question comes up: Can you protect your headline or title as intellectual property? READ MORE

The limited time for suing for libel on an Internet post runs not only from the original posting, but also from when significant changes were made to the post, according to a decision from the New Jersey Supreme Court. READ MORE

Defamation by tweet isn’t news anymore, but surely a new barrier was broken when the Idaho Supreme Court found potential defamation in the name a family gave to their home wireless network. READ MORE

Despite efforts of the international domain name authority to save the WHOIS database, it still appears likely to black out after GDPR becomes effective. And the blackout could herald other changes for this often-used and essential database, including toll gates. READ MORE

When a website infringed your trademark or copyright, or otherwise violated your rights, the first place you likely went was to the WHOIS database, to find out who owned and operated that website. That database has been a great tool for intellectual property owners, and others who have fought misuse of their rights on the Internet. But many parts of the WHOIS database are likely to slip out of public view. READ MORE

The rise of disinformation ("fake news") is a social phenomenon affecting millions, if not billions, of people who use the internet. How do we weed out the misleading or inaccurate reports? The solution will be more complicated than we thought. READ MORE

As Congress debates and advances net neutrality in the coming months, Title I will likely be the section where basic net neutrality protections are enshrined. READ MORE

Internet disputes are often resolved through correspondence. But effective dispute-resolving correspondence often differs from what most people think of as “cease-and-desist letters." READ MORE

The FTC adapted its endorsement rule to social media in 2009. But several issues continue to puzzle many people. First, what kinds of posts are viewed as endorsements? Second, what circumstances short of direct payments require disclosures? Finally, how can the circumstances of endorsements be disclosed in the limited space of social media? READ MORE

The MarkMonitor study shows that significant percentages of ordinary Internet users are simply too trusting of what they find online. READ MORE

It’s not just consumers who aren’t reading the privacy policies. The companies who write and post them need to ensure that they read, understand, and comply with their own policies. READ MORE

At first blush, aggregation may seem illegitimate or infringing, as the aggregator benefits from the sweat of others’ news gathering and writing. But there is a twist to aggregation on the web. READ MORE

Can we provide details on a high-profile Twitter-related libel suit in 140 characters or less? READ MORE

This case shows that where highly personal health care matters are involved, targeting can be seen as invading the recipients’ privacy. READ MORE

Trademark owners wondering about the law on keyword ads may want to shortcut review of the long and winding path of U.S. law on this subject. READ MORE

Having wills, trusts and powers of attorney that grant a fiduciary permission to access digital assets (or deny access to certain of them, if that is what a person prefers) is important in the world in which we now live. READ MORE

The decision in Jacobus v Trump could also be seen to signal a new social acceptance of an increasingly intemperate, belittling and demeaning political dialog. READ MORE

Operators of websites that allow — or may allow in the future — user postings of any kind should take care to electronically register their DMCA agent, and institute proper reminder procedures so that they process the required renewal filings in the future. READ MORE

Even the age-old law of contracts has been altered by the Internet. The big Internet twist for contract-making is assent: If you are doing business on the Internet, take care to obtain clear assent from the parties with whom you are dealing, and preserve good evidence of that assent. READ MORE

A recent FTC complaint indirectly lays out important new national standards for how geolocation information may be collected from mobile devices. READ MORE

Copyright compliance seems to be a particular bugaboo in the political field. Practically every election year, candidates are accused of infringing music and other copyrights. READ MORE

Your activities in an isolated, fenced, and tree-shielded home create a stronger expectation of privacy than your activities in a high-rise apartment with the curtains open. Social media privacy cases simply apply that long-standing “reasonable expectation of privacy” principle to Internet situations. READ MORE

If a trade secret leaves your building in papers in the briefcase of a renegade employee, you may be able to recover the papers and reestablish the confidentiality of the trade secret. But if it is posted on the Internet, it will likely be copied, recopied, and distributed to so many people that full recovery won't be possible. READ MORE

Companies that are potential targets of ADA claims should examine their website accessibility, and take steps to ensure that services they offer through their websites are also available to the disabled, even if through different means. READ MORE

The penalties and enforcement methods of the TCPA are the real problem for marketers. Each improper fax, to each recipient, carries a minimum $500 civil penalty. And the TCPA is enforceable by private attorneys, who usually bring their claims as class actions. A single mistaken fax to thousands of recipients can lead to millions in liability. READ MORE

The big takeaway from this case, as from other Twitter libel cases, is that even those tiny 140-character-limited messages known as tweets can lead to full-fledged litigation, subject to the same full and painstaking linguistic and legal scrutiny as any other case. READ MORE

Contrary to the conventional wisdom, our expectations of privacy are not steadily and uniformly shrinking. In some cases, they are expanding. READ MORE

In legal terms, where does jurisdiction lie for an Internet dispute? Many answers have been given over the last 20 years, and some of the weaker, less helpful answers are only slowly being supplanted by more reliable and realistic legal tests. As a recent decision illustrates, particularly in cases of Internet defamation, courts are abandoning some early simplistic precedents. READ MORE

Though government regulators are often far behind on the technology curve, real experts have taken over at several important agencies that regulate conduct on the Internet. READ MORE

Generally, the FTC prohibits unfair and deceptive acts or practices. When it comes to endorsements of products or services — whether by celebrities or others — the FTC’s endorsement guidelines and FAQs explain some types of activities that might be considered deceptive, and how to handle different situations. READ MORE

Most efforts to prevent or penalize Internet comments and criticism are crushed in the court of public opinion even before they reach the courthouse. READ MORE

Like other new digital technologies, facial recognition will soon develop robust commercial applications. And the privacy implications of those applications could raise serious concerns, and difficult policy choices. READ MORE

Courts throughout the English-speaking world have repeatedly grappled with this issue — not because it is really that difficult, but because of a 166-year-old British court decision. READ MORE

The PLAYDOM case involves a federal trademark registration but it provides lessons for those seeking common law protection as well. READ MORE

By a twist of the Internet age, one of the most frequently voiced objections to television coverage of courts — that it will be selective and misleading — isn’t as persuasive as it may once have been. We can expect that the entirety of Supreme Court arguments will be available on the Internet, if and when the court allows video coverage, just as interested parties can hear the entire audio transcripts now on the Oyez Project website. READ MORE

Where did this crazy issue of data privacy come from? And what policies and practices are likely in store as our governments and businesses grapple with all of the new data privacy concerns of the digital age? READ MORE

Those who think that privacy is dead these days might want to drop by the Walter Washington Convention Center in early March, for the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. READ MORE

I recently communicated with Professor Miquel Peguera, an Internet law expert at the Open University of Catalonia in Barcelona. He writes a blog on ISP Law, co-edits the Journal of Intellectual Property, Information Technology and E-Commerce Law, and has been a visiting scholar at Columbia University. He graciously shared some helpful observations about the new Spanish law. READ MORE

The “future of the Internet” is one of the 10 global challenges that Davos is examining in 2015, and the forum’s organizers have posted online a lot of interesting materials on this topic. READ MORE

Here’s my impressionistic list of five of the most significant 2014 shifts affecting businesses that operate in the Internet space. READ MORE

TRUSTe’s recent settlement with the Federal Trade Commission, and its admission that it didn’t always carry out annual recertifications of its clients, illustrates, to some extent, how tough it is to find hard-and-fast assurances in the privacy world. READ MORE

Call it what you will — Internet of Things (IoT), machine-to-machine communications (M2M), or the Intelligent Internet — it is increasingly affecting our lives. READ MORE

How effective are those ubiquitous but rarely read terms of use? The question is important, since website and mobile app terms of service frequently include many crucial provisions. READ MORE

The manual, which focuses on issues that the copyright office handles in the course of processing applications for copyright registrations, is helpful on some Internet-related copyright concerns. READ MORE

A copyrighted work must be fixed in a tangible medium of expression, and live performances are dynamic and ephemeral, not fixed. READ MORE

Common sense tells you that you can always use your own name. But under trademark law, that’s not always true. Three recent cases illustrate this conundrum, which plays a major role in many Internet marketing and domain name disputes. READ MORE

You don’t physically possess a domain name, as you possess tangible personal property, like artworks and collectibles. You don’t get a government title, as with a vehicle, or record your rights in a government office, as with real estate. There are no fancy certificates for your safe deposit box, as there are (or at least used to be) with traditional intangible personal property like stocks and bonds. READ MORE

The decision includes a strong warning that extending copyright protection as requested by the Doyle estate would be a “two-edged sword,” because it would reduce the incentive of subsequent authors to create derivative works, increase the costs of new authorship, and incentivize successful authors to extend old characters rather than create stories with entirely new characters. READ MORE

We’re increasingly seeing linguists assist with the language and communication-based legal disputes of the information age. In fields like advertising, trademarks, and even business communications, linguistic analysis has often proven helpful, or even decisive. READ MORE

It wasn’t surprising that the European Union’s highest court enforced the European Union’s right to be forgotten. What was surprising, however, was that controversial right was enforced against Google — contrary to the recommendation of the court’s advocate general, and contrary to the expectations of most informed observers. READ MORE

Some surveillance can affirm and support individual interests in personal liberty. For example, a recent case holds that citizens have a well-established presumptive right to videotape police conduct in public. READ MORE

Continued publication of old information, particularly as to private persons, raises some ethical concerns. READ MORE

Privacy advocates like the Center for Democracy and Technology have so far effectively won the agenda-setting contest on privacy, and the so-called Big Data industry is on the defensive. The data privacy policy discussion, however, needs to hear more from data use advocates. Theirs is an essential and largely neglected voice in policy debate on this important issue. READ MORE

The two cases addressed by the Illinois court highlighted a major problem with strict-liability two-party consent eavesdropping laws — they criminalize citizen recordings of their interactions with police and other government officials. READ MORE

As a modern American, you are carrying a smart phone that is constantly broadcasting its presence and the unique persistent identifier (MAC address) by which it is known, to the wireless world. You are broadcasting, and, in many cases, the stores are listening. READ MORE

With the Internet, far more communications are published than ever before. And yet the rate of libel suits — claims for damage based on disparaging communications — is much lower than before the Internet. More communications, fewer disparagement claims. It seems counterintuitive. READ MORE

In the eyes of the law, Sherlock Holmes resides not so much on Baker Street as in two different copyright worlds. Four novels and 46 short stories are currently in the public domain. But 10 short stories are still under copyright protection. So what does that make Sherlock? READ MORE

For those interested in Internet law and policy issues, there are plenty of other official reports that you can use as primers and starting points for further research. READ MORE

California law will soon require website and mobile app operators to disclose additional information in their privacy policies. READ MORE

Do you want a comprehensive overview of the data privacy debate in the United States? Well, the Government Accountability Office has written one. READ MORE

Our law generally expects that when private information is collected, users should be given notice of the collection, and a choice about whether to allow it. READ MORE

Unfortunately for U.S. and international businesses, the headline-making Snowden revelations are affecting international data transfers, which in many cases are crucial to business operations READ MORE

At least in U.S. privacy law, the key issue for determining whether one has a privacy right is whether there was a “reasonable expectation of privacy” in the circumstances. READ MORE

When the Internet was young, and the thrills of hypertext linking were still new, hyperlinks were viewed as a potential source of liability. READ MORE

Even as advertising starts to look more like journalism, there’s one thing that ads certainly share with news content: First Amendment protection. READ MORE

Amid the exploding content of the Internet era, it turns out we need a special rule for that most basic question: What is advertising or promotion? READ MORE

Facebook communications have become the newest testing ground for free speech. And the results, at least from two recent and notable cases, affirm the unusual and perhaps counterintuitive way that U.S law looks at a key threshold question: What is speech? READ MORE

Contrary to popular belief, companies don’t want to bombard consumers with loud, obnoxious ads (save for, perhaps, the remarkably noisy front page of the Baltimore Sun’s website leading up to Labor Day.) Such abrasive advertisements tend to push consumers away. READ MORE

The Internet gives every appearance of being wide-open, public, available to all. You can email anyone in the world who is connected to the Internet. READ MORE

Companies that are required to have website privacy polices should take special care in drafting, vetting, and revising website terms and privacy policies. READ MORE

Mere reference use of a hyperlink is rarely unlawful. And a recent federal case from New York, Pearson Education v. Ishayev, affirmed that conclusion, holding that even a hyperlink to copyright-infringing materials did not itself constitute infringement. READ MORE

The current explosive expansion in top-level domains will create new trademark conflicts, and possibly new twists in Internet trademark law, as two very recent cases involving the retailers Express and The Limited illustrate. READ MORE

The case hinged on this Faulkner quotation: “The past is not dead. It’s not even past.” READ MORE

Trademarks lie at the heart of our market society, so it’s not surprising that they’ve been important on the Internet since it first went commercial. While the principles of trademark law apply equally in the online and bricks-and-mortar worlds, there’s a twist to how trademark use is regulated within Internet domain names. READ MORE

As a notable Internet advertising contract case shows, you can make or modify a contract with a few words transmitted by instant message. READ MORE

What do we make of the interesting tidbit in the Obama Administration’s annual report on protecting U.S. intellectual property rights in the digital age, the “2013 Joint Strategic Plan on Intellectual Property Enforcement”? READ MORE

The Internet twist that protects social media services doesn’t protect social media users. Users of those services should only post content for which they have rights, and only re-use content of others with the copyright owner’s permission. READ MORE

Copyright law clearly extends to the Internet, which may even constitute the most important area in which copyrighted works are copied, distributed and used. But, as usual, there are twists as to how copyright applies on the Internet. READ MORE

Everyone in the publishing/dissemination chain is potentially liable in the bricks-and-mortar world. But through an Internet twist, intermediaries aren’t liable in the Internet world. READ MORE

Internet law is a lot like non-Internet law — but it usually involves some twist. In every field, there is usually some way in which, because of the Internet, traditional law doesn’t work, and a problem develops. READ MORE