With recent focus on warrantless GPS tracking by government, the business community may have concluded prematurely that location privacy is of concern only to hackers and criminal enterprises. Four recent developments show that location privacy is a serious business issue, too.
By winning the US v. Bazaarvoice trial without showing that post-closing competitive effects in the nascent market it chose to attack had not, in fact, been harmful to consumers, the Justice Department’s success may have done more damage to antitrust law — and the appropriate role for government predictions of market development — than they ever intended.
It is rare that the justices of the Supreme Court of the United States actually write or speak about technology. But as connectivity and user-generated content become more ubiquitous and pervasive, sometimes the Court — despite its inherent judicial conservatism — just can’t avoid touching on issues related to the use, importance and legal status of modern communications technologies.
You may not agree with the Supreme Court’s denial of standing to plaintiffs challenging an Arizona law giving tax credits for parochial schools, but the sentiment of limited judicial powers articulated by Justice Kennedy should resonate with folks from Tea Party members to liberal activists.
The outcry over federal judge Vaughn Walker’s decision overturning California’s Proposition 8 — which declared same-sex marriages unlawful — is hardly atypical where the Constitution is concerned. Why should a single judge, or nine (Supreme Court) judges, have the power to override the legitimate majority vote of citizens in a democracy?
Judges are by institution isolated and by tradition older than the general population. Increasingly, however, they are called upon to rule on technologies with which they have no experience at all.
It took a little bit of time, but the Administrative Office of the U.S. Courts has issued revised jury instructions, recommended for all federal cases, updated for today’s social media age.
It is the end for a creative, but futile, effort by RealNetworks to plead its way around the Digital Millennium Copyright Act for yet another variant of DVD-ripping software.
Supreme Court nominee Sonya Sotamayor is unlikely to have influence on the Court’s cyberlaw jurisprudence, because there basically is none. The evolution of this rapidly changing medium really does not need the glacial pace at which the SCOTUS decides issues
Humans are sexual beings, but there is indeed a time and a place for everything, including penis pumps. Just ask Austin Powers.