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The gloves are off. Dave Hoffman has lodged another challenge to my position, and I want to take a quick moment to defend myself. I believe that Dave mischaracterizes my arguments in several places and exaggerates some of my claims. So I’ll attempt to clear up any confusion as to my positions and try to defend my […]
A New York Times editorial observes: At a North Carolina strangulation-murder trial this month, prosecutors announced an unusual piece of evidence: Google searches allegedly done by the defendant that included the words “neck” and “snap.” The data were taken from the defendant’s computer, prosecutors say. But it might have come directly from Google, which – unbeknownst to […]
Lior Strahilevitz (law, Chicago) has a wonderful post over at the Chicago Law Faculty Blog about a very problematic Seventh Circuit opinion — and blunder. The case, Doe v. Smith, involves a teenage girl whose boyfriend secretly videotaped them having sex and then emailed the video to his friends. The issue is whether the plaintiff could proceed on […]
Howard Bashman offers these further thoughts about the issue of pseudonymous litigation and the sex tape case I blogged about earlier today : In terms of assessing blame, however, in my view it is the attorney for the pseudonymous party who bears the responsibility to ensure that the appellate briefs posted online — and surely the Seventh Circuit’s […]
In a very interesting case, U.S. District Court Judge Rosemary Collyer recently held a Washington Post reporter in contempt of court for not revealing the source of a leak in the investigation of Wen Ho Lee. [Click here for the court’s opinion.] The case involves a civil suit by Lee against a number of federal agencies for […]
Howard Bashman at How Appealing muses whether anonymous blogging is really possible: These days, however, most users of the internet understand that every bit of information communicated electronically leaves electronic fingerprints that can be used to trace the source of the information, even if the source hoped to remain anonymous. To be sure, there are ways […]
Steve Vladeck (law, Miami) visiting at PrawfsBlawg tells an interesting anecdote about the Internet Archive, otherwise known as the “Wayback Machine.” Steve writes about a student who discovered his childhood pictures:
I just posted about the Wayback Machine and that got me wondering whether anything really disappears from the Internet when it is deleted. Certainly, a ton gets archived in the Wayback Machine as well as in Google cache and in RSS readers. Of course, if something appears on the Internet, somebody could see it and copy it […]
Having unmasked himself as Article III Groupie, David Lat has disappeared. We haven’t heard a word from him. His blog is now offline. Why? What’s become of David? Will his blog be back?
A glimpse into the not-too-distant future . . . You’re driving along the highway. There is only light traffic on the road, and there’s not a cop in sight. You decide to give in to that dastardly rebel within and go 10 miles over the speed limit. You get to your destination without incident, a […]