Cyberspace Law

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By: Lisa Y. Wang and Matthew N. Sugarman 

Some Facebook trends are more fun than others (remember the annual Doppelganger Week and the "25 Random Things About Me" trend in 2009?).  This past week a different Facebook status trend took hold: a copyright disclaimer.  Millions have been posting a copyright notice as their Facebook status because they believe it will prevent Facebook from using their intellectual property (such as pictures, status updates, clever memes, and everything else we put on Facebook) without their permission.  These copyright notice status updates first appeared in May 2012 after Facebook went public and resurfaced over Thanksgiving after a rumored change in Facebook’s user agreement.  And, it’s as ineffective now as it was back then.  Below is the legally worthless notice:

In response to the new Facebook guidelines I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, professional photos and videos, etc. (as a result of the Berner Convention). For commercial use of the above my written consent is needed at all times!

 

(Anyone reading this can copy this text and paste it on their Facebook Wall. This will place them under protection of copyright laws. By the present communiqué, I notify Facebook that it is strictly forbidden to disclose, copy, distribute, disseminate, or take any other action against me on the basis of this profile and/or its contents. The aforementioned prohibited actions also apply to employees, students, agents and/or any staff under Facebook’s direction or control. The content of this profile is private and confidential information. The violation of my privacy is punished by law (UCC 1 1-308-308 1-103 and the Rome Statute).

 

Facebook is now an open capital entity. All members are recommended to publish a notice like this, or if you prefer, you may copy and paste this version. If you do not publish a statement at least once, you will be tacitly allowing the use of elements such as your photos as well as the information contained in your profile status updates.

 

Continue Reading Facebook Status v. the Law

By: Nathan Geronimo

I have written several articles about litigants running into trouble when their testimony is contradicted by their own postings on social media websites.  A recent case from Sacramento illustrates a unique twist on the interplay between social media and court proceedings: the effect of juror posts on a defendant’s right to a fair trial.

Juror Number One v. Superior Court involved a juror posting comments on his Facebook wall about evidence presented at trial while the trial was in progress.  Following the trial and conviction on assault charges, the Court became aware of the Facebook activity, and held a subsequent juror misconduct hearing based on Juror One’s trial posts.  Juror One admitted posting comments on Facebook during the trial, but denied that the posts were about the trial or any evidence presented.  For example, Juror One admitted to posting that he was so bored one day during trial that he almost fell asleep.  He also invited a female juror to be his Facebook “friend.”  At the conclusion of the misconduct hearing, the Court was satisfied that there had been clear misconduct, but had further questions about the degree of misconduct, and whether it had been prejudicial to the trial.  Counsel for the real party in interest then issued a subpoena to Juror One for all postings by Juror One during the trial, including all emails and other electronic communications.  Juror One moved to quash the subpoena as overbroad.  The Court agreed that the subpoena was overbroad, but issued an order requiring Juror One to turn over all of his Facebook postings during trial to the Court for in camera review.Continue Reading Social Media Impacts: Jury Trials

By: Lisa Y. Wang

The internet is about to change dramatically. Since Al Gore “invented” the world wide web, users have been used to using a limited number of top-level domains (“TLD”). A top level domain is the end portion of a web address (e.g. .com, .net, .org, .biz, and .gov). A second level domain name consists of the words in between www. and the TLD (e.g. apple in www.apple.com). Currently, there are 22 top level domains (such as .org, .edu, and, .com) and over 200 country based domains (such as .us, .de, or .eu). But, by this time next year there may over a thousand in multiple categories such as place domains (e.g. .nyc, .taipei), keyword domains (e.g. .hotel, .watch, .apparel) or even brand domains (e.g. .apple, .gap, .walmart). It is important to protect your business from potential consumer confusion and infringement when these new TLDs go live next year.

The Internet Corporation for Assigned Names and Numbers (“ICANN”), a non-profit corporation, manages most TLDs, internet protocol addresses, and basically anything that involves the URL itself. Last year, ICANN approved the creation of new TLDs called generic top-level domains (“gTLD”) to increase competition and choice in the world wide web. Any legal entity may apply to create and manage a gTLD.Continue Reading The Upcoming Internet Shift

By: Jeff Pietsch and Michael Robinson

It is Monday morning and you are recovering from a bachelor party in Sin City. Thankfully, your privacy settings on Facebook allow you to share pictures of your shenanigans in Vegas with only your friends. But what happens when your boss asks a friend and coworker to show him your embarrassing and private photos? Should a status update intended for a select few be protected from the prying eyes of your employer?

At an age when over 900 million people use Facebook, it is no surprise employers increasingly use social media in evaluating current and prospective employees. For example, last week the Federal Trade Commission (FTC) approved a process allowing a background check company to screen job applicants’ Internet photos and postings. The FTC determined that such actions were in compliance with the Fair Credit Reporting Act. This means a search of what you have said or posted to Facebook, Twitter, Flickr, blogs, and the Internet may become a standard part of background checks when you apply for a job.  Continue Reading Shoulder Surfing: Can Employers Access Your Facebook Account

By: Nathan Geronimo

We have all participated in practical jokes.  If good-natured, executed correctly, and within the bounds of civility, practical jokes can be a fun way to get closer to people.  However, sometimes jokes can be anything but funny, and in the worst cases can constitute a crime.  In a recent case involving social media sites, California’s Fifth District Court of Appeal found that a minor’s conduct on Facebook constituted identity theft, which can be a misdemeanor or a felony.  In In re Rolando S., a juvenile obtained a classmate’s Facebook login information and accessed her Facebook page.  The minor was able to access the victim’s Facebook page because he received an unsolicited text message with the victim’s email password.  Armed with the email account information and password, he used this information to log into the victim’s Facebook account.  Once in the account, he made obscene changes to the victim’s profile, and posted lewd messages on two of the victim’s male friends’ pages purportedly as the victim. 

The minor was charged with willfully obtaining personal identifying information (which includes unique electronic data) and using it for an unlawful purpose, a violation of California Penal Code section 530.5.  The minor admitted to accessing the victim’s Facebook page and making the offending posts and changes, and he was convicted of identity theft.  On appeal, the minor argued that because he received the victim’s login information via unsolicited text message, that he did not “willfully” obtain the personal identifying information.  The Court disagreed, finding that the minor willfully obtained the information when he chose to remember the password from the text, and used the password to access the victim’s Facebook account.  Essentially, the Court found that the minor demonstrated a willingness to commit the act. Continue Reading Facebook Hijinks No Joking Matter