“Early in life I had noticed that no event was ever correctly reported in a newspaper.”—George Orwell

I. INTRODUCTION

To litigators, the title of this article should be cause for great concern. No matter the media pathway by which information is disseminated, whether through the newspape...   MORE>>

I. INTRODUCTION

Every law office recognizes that the speed, economy and space-saving benefits of email have made it an indispensable tool. Email arguably is the most efficient means of communication yet devised. However, the adoption of email as a principal means of communication presents a varie...   MORE>>

It is a privilege for me to give the first Masterman Institute lecture. Edward Masterman has been an inspiring leader of the bar. He and his wife, Sydell, funded the institute to explore the freedom of the press and its limits. I think that is a wise combination of subjects. The press often sounds a...   MORE>>

Copyright is a system of federal regulation that empowers private actors to silence others, yet no one seriously doubts that copyright is consistent in principle with the First Amendment freedom of speech. Scholars and courts have tried to resolve the tension between exclusive rights in expression a...   MORE>>

I. INTRODUCTION

Whatever lip service we may pay to those spaces “immemorially . . . held in trust for the use of the public,” the Internet is operatively the most important public forum ever created. Its vast interconnectivity far more nearly approximates the prototypical “marketplace of id...   MORE>>

People demand freedom of speech as a compensation for the freedom of thought which they seldom use. Soren Kierkegaard (1813-1855)

1 Introduction

The recent publication of the proposed amendments to the Films and Publications Act has drawn sharp reaction from various media organisations. Associ...   MORE>>

1 Introduction

There appears to be no precise definition for cybercrime or 'computer crime'. Computer crime has been described as "any violation of criminal law that involves knowledge of computer technology by the perpetrator, investigator or prosecution". Cybercrime (online misdemeanour) has be...   MORE>>

PRIVATE RIGHT OF ACTION UNDER THE TCPA

The Telephone Consumer Protection Act (TCPA) is a federal statute that creates a private right of action for violations of its provisions regulating unsolicted telemarketing advertisements, including faxes. Foxhall Realty Law Offices, Inc. v. Telecomms. Prem...   MORE>>

I. INTRODUCTION

Steven M. Shaw was a used car salesman. The record is silent on whether he was successful in that field, but he did make a small fortune as an identity thief.

In 1991, using the terminal provided to his employer by the credit bureau, Shaw accessed credit files on other men name...   MORE>>

Have you ever gone home after a hard day of work and sat down to eat a family dinner when you were interrupted by one of those annoyingly pesky little telemarketing calls? If so, you are not alone. One study taken in 1999 indicates that there are 300,000 telephone solicitors calling more than 18 mil...   MORE>>