White House and Advertisers Announce New Consumer Privacy Standards

This is shaping up to be the year when we might finally see the emergence of a comprehensive set of principles to govern privacy issues online.  (Who would’ve thought?) On February 23, 2012, the White House announced what it calls a “Consumer Privacy Bill of Rights.”  President Obama calls it a “blueprint” that will help […]

Stealing a Glance: Eye Tracking, AR, & Privacy

The science of tracking eye movements to determine what draws our interest  has been around for more than a century.  Retailers, product designers, and advertisers use it to figure out how to grab consumers’ attention.  Website designers use it when deciding how to lay our content on a page. But augmented reality eyewear is likely […]

New Resource: Updates on Copyright Litigation in the 6th Circuit

Copyright law is a rapidly evolving field.  And a surprisingly large portion of the country’s copyright litigation happens within the U.S. Court of Appeals for the Sixth Circuit.  This is the federal court that hears appeals from judges in Michigan, Ohio, Kentucky, and Tennessee. I was once a law clerk for a Sixth Circuit judge, […]

Report: Jurors’ Misuse of Social Media Is a Real, but Addressable, Problem

How serious of a problem is the use of social media by jurors?  Intense reporting by news outlets and commentators (including me) could give the impression that it is a widespread phenomenon plaguing every court in the nation, and threatening to unravel the reliability of the entire jury system.  Or is it just hype? That’s […]

New Year Bring New Guidance from NLRB on Employees and Social Media

The National Labor Relations Board is at it again. In August 2011, its Acting General Counsel, Lafe E. Solomon, issued a report summarizing several of its then-pending enforcement actions dealing with social media.  These are disputes in which an employee was disciplined or terminated for something he or she posted online.  In many of these […]

Justice Department Agrees: First Amendment Protects the Right to Video Police

I’ve previously argued in court briefs, on this blog, and in the press that citizens have a qualified right under the First Amendment to take and share video of police officers acting in the course of their duties in public spaces.  If we didn’t have that right, then people like the videographer who filmed the […]