My Top Posts in 2014

Not wanting to miss the bandwagon of year-end blogging, I present the following list of my most popular posts in 2014. The one you liked best from this year was Augmented Reality Gamer Detained By Police, which detailed the first reported (by someone else) instance of police finding an AR gamer’s activities sufficiently suspicious to warrant temporary detention. I […]

An “Open Carry” Movement for Wearable Cameras?

Forbes recently published an opinion piece that I co-authored with Dr. Steve Mann, who founded the MIT Wearable Computing Lab and is widely known as the father of wearable computing. Titled “Body Cameras For Police Officers; What About For Ordinary Citizens?,” our thesis is that body-worn cameras for police officers are only half the solution […]

LinkedIn Lawsuit Again Shows Personal Relationships Can Have Commercial Value

I have argued for years that social media will help redefine and expand the right of publicity–that common-law right to control the commercial exploitation of one’s personal identity–because the entire medium is premised on users’ identities. We saw a major milestone in this regard with the 2011 decisions in Cohen v. Facebook and Fraley v. […]

You’re Responsible for Copyright Infringement By Others on Your Website–Unless You’ve Done This

There’s a common misconception among website owners that they are not responsible for content that others post on their website.  The truth is that, although it is possible for website owners to shield themselves from liability, there are certain hoops they need to jump through first. And if you don’t take those steps before someone posts […]

Instagram Harassment Justifies a PPO

As has been extensively reported, the Supreme Court recently heard argument on a case involving threats made on Facebook, which raises the question of where the line is between free speech and criminal liability. But this is not a one-time-only issue. Courts across the country deal with the consequences of unchecked online speech all the […]