Cyberlaw

Ah, yes. I am familiar with this internet of which you speak.

The first month of 2012 was a crazy one for internet law. The Stop Online Piracy Act gloriously crashed and burned, Apple is getting sued in China for naming rights to the iPad, and in America someone is suing to show that porn doesn’t deserve copyright protection. In the wake of all the hot debate and hot tempers, it seems some people highly invested in internet freedom and content protection have begun looking to gain support for their causes outside of the legislature.

This week, we learned from a couple news stories that advocates from both sides of the internet aisle have turned to lawyers and the court system to defend their causes. Earlier this week, some OG internet pioneers testified to a jury, and a major media company executive has begun courting law professors for support.

I’m not sure whether I think the fact that people have decided the legal system is a good place to argue high-level, fundamental internet freedom questions is impressive (give yourselves a pat on the back, attorneys, you are hip to the tech set now), or a little bit scary (do these people realize how technophobic lawyers can be?).

You will have to decide for yourself…

double red triangle arrows Continue reading “Are Lawyers Officially No Longer Technophobic?”

Not going to lie. These guys are starting to make me nervous.

While the Internet was throwing itself a party yesterday for taking down the Stop Online Piracy Act, getting drunk off its own power and shooting pistols into the air like a Mexican fiesta, the Department of Justice was already throwing up a big middle finger to offshore rogue websites, or whatever they’re calling pirates now.

Yesterday, the DOJ and FBI seized and shut down one of the largest filesharing websites on the internet. The department also filed indictments against seven people involved in the site, in what authorities call one of the “largest criminal copyright cases ever brought.” That’s pretty big news all by itself. But, oh it gets better.

Everyone’s favorite shady hacker collective, Anonymous, struck back in revenge almost immediately. The group launched massive denial of service attacks against every media and governmental website their deranged hive mind could think of.

So, which of your favorite movie streaming sites is no longer online? And who faced the wrath of Anonymous? It’s a long list…

double red triangle arrows Continue reading “SOPA Be Damned, DOJ Has Sent a Message to Internet Pirates. And the Internet Sent a Message Right Back”

Hey! Who turned out the lights?

Tomorrow is going to be the most boring day in the recent history of the Internet. For 24 hours — on January 18 — several high-profile websites will go dark, to protest the Stop Online Piracy Act.

No one will be able to research potentially fake facts about their favorite celebrities, discover the newest nerdy memes, or upload photos to social media sites.

It’s true, the frightfully unpopular bill is losing legislative steam, but the Internet’s collective rage is still hot, hot, hot.

So who’s shutting down tomorrow?

double red triangle arrows Continue reading “SOPA Protests Will Make Tomorrow Super Boring”

The Internet Corporation for Assigned Names and Numbers has been busy lately. First, the Southern California-based non-profit responsible for the Internet’s address system created a porn-only, top-level domain. And on January 12, ICANN will start allowing people to register top-level domains of whatever they want.

.Com, .net, and .org — your days of tyranny are over!

Leave it to government officials and businesses concerned about protecting their intellectual property online to spoil the party. Companies are worried that allowing just anything to sit at the right side of a URL address will lead to useless costs and headaches in order to protect against cybersquatters.

We’ve got the nitty.gritty after the jump….

double red triangle arrows Continue reading “Under New Internet Rules, URLs Like AboveTheLaw.YourMom Will Soon Be Available”

Unless you drowned yourself in a bathtub full of eggnog over the holidays, hopefully you are at least superficially aware of the Stop Online Piracy Act.

The House of Representatives is considering the bill, known as SOPA for short, that people fear will destroy the Internet as we know it.

Last week, Elie and I were “debating” the insidiousness of SOPA on Gchat. Our conversation went something like this:

Elie: SOPA is terrible.
Chris: It’s pretty much the worst thing ever.
Elie: It’s f***ing disastrous.

Elie and I aren’t the only ones upset. The Internet has whipped into a tizzy over the act. We mentioned it last week in Non-Sequiturs. And I wrote about it back in November. But the story has kept picking up speed. Reddit has gone mad over the bill. Just before the new year, a bunch of Biglaw firms got mistakenly dragged into the fray.

Keep reading for a primer on SOPA and its sister Senate bill, the Protect IP Act. And see why a bunch of Biglaw firms were unintentionally listed as supporters after the jump.…

double red triangle arrows Continue reading “Stop Online Piracy Act Wants Biglaw Support; Biglaw Says, ‘Aw, Hell No’”

The former military intelligence analyst accused of leaking hundreds of thousands of documents to WikiLeaks has spent the last four days in a Maryland military court, undergoing a hearing to determine whether or not his case will proceed to court-martial.

For those new to the party, 24-year-old Bradley Manning is accused of committing the biggest security breach in American history. He has been in detainment for the last 19 months, and he faces a multitude of military charges.

The Article 32 hearings, which began on Friday, are something akin to grand jury proceedings in civilian court. At the end, Investigating Officer Colonel Paul Almanza, an Army Reserve officer and Justice Department prosecutor, will decide recommend whether Manning’s case will proceed to court-martial.

So far, the hearings have been interesting to say the least. Let’s see what’s going on….

double red triangle arrows Continue reading “The Soldier Accused of Leaking Military Cables to WikiLeaks Is in Court Right Now”

The real Elizabeth Sky

The Internet may be infinite, but people still are constantly fighting over online real estate. It happens in the porn industry, and it happens to celebrities. Even Miami Dolphins cheerleaders have to fight for their right to party at their own website.

The U.S. District Court for the Southern District of Florida recently ruled in a dispute between two models using the stage name Elizabeth Sky. The defendant allegedly went on a campaign across the Internet to destroy the other model’s social networking presence. Will the real Elizabeth Sky please stand up, please stand up, please stand up.…

double red triangle arrows Continue reading “Model Who Says, ‘I’m Too Sexy For This Trademark’ Loses $81K Suit”

Businesses spend a surprising amount of time and effort protecting their brand and intellectual property from cybersquatters. It often takes the threat of litigation or creative domain name registry to prevent random people from registering websites like Pepsisux.com.

So, it’s kind of funny that the Internet Corporation for Assigned Names and Numbers (ICANN) is in the process of introducing a new top-level domain — .XXX — built specifically for porn websites. In doing so, it may have created a cybersquatter’s dream come true.

Eighty thousand .XXX domain names have been registered in the past few months. A new lawsuit shows that some companies are registering even though they really don’t want to. Let’s find out why….

double red triangle arrows Continue reading “Nobody Likes Porny .XXX Domain Names, Except Cybersquatters”

As we mentioned in yesterday’s Non-Sequiturs, congressional hearings for the proposed Stop Online Piracy Act began yesterday. People are really not happy about the bill.

Google’s CEO called SOPA, as the bill is known for short, “draconian.”

Time’s Techland blog ran the headline this morning, “SOPA Won’t Stop Online Piracy, Would Censor Everyone Else.”

What is going on here, and why is everyone freaking out? Let’s find out….

double red triangle arrows Continue reading “New Piracy Bill Could Lead to National Censorship Nightmare”

Madonna

On Tuesday of this week, I popped over to San Francisco for the Computer Forensics Show. It’s a small tradeshow targeted at attorneys, accountants, IT professionals, and law enforcement.

I sat in on one legal technology-related panel that was particularly entertaining and informative. Many, if not most, of the people in the room were not attorneys. It was interesting to be a part of a non-attorney crowd and a reminder of how many people really don’t understand basic legal technology principles. What I heard underscored was the importance of maintaining a technology dialogue between legal and other parts of the business.

It was also chance to hear some awesome war stories from a veteran partner at a major law firm. Why did Archie Comics threaten to sue a baby? Why doesn’t Madonna like porn? Why aren’t you allowed to have the domain name fcukpenguins.com?

Beam me to the jump, Scotty, and let’s see….

double red triangle arrows Continue reading “How Not to Screw Up on the Internet”

Earlier this week, the federal government got some heat for allegedly violating the common man’s electronic privacy by snooping around in email and the like. Today we have a lawsuit from Kentucky accusing a tech company, specifically Facebook, of doing nearly the same thing.

What is going on? It’s almost like there’s no privacy anywhere anymore! (I’m kidding, of course: Privacy completely disappeared years ago.)

The suit, filed by an average Facebook user like you or me (well, most of you are lawyers, so not quite like you), claims a class of 150 million people, and damages of hundreds or thousands of dollars per class member. Exactly what heinous offense has Facebook supposedly committed?

I’m so glad you asked….

double red triangle arrows Continue reading “Did Facebook Illegally Wiretap 150 Million People? Maybe! Probably Not”

We’ve been talking a lot recently about the secretly authorized stuff our government does to us — like killing us, or molesting us at airports.

Here’s another one for the list: digging through our emails or Twitter feeds or cell phone data, without probable cause, our permission, or our knowledge. This isn’t necessarily shocking in and of itself; back in April, Kashmir Hill wrote about how often the government requests information about private individuals from tech companies.

What’s shocking is the ease with which the government gets that information and the secrecy with which it does so. Somehow it’s all based on a law that is older than the Internet. The policy recently came to light when authorities ordered a small Internet provider, as well as Twitter and Google, to turn over information about Jacob Appelbaum, an American who volunteers with WikiLeaks.

How does the U.S. government circumvent basic probable cause and search warrant requirements when it wants electronic information? Let’s see….

double red triangle arrows Continue reading “If the Government Wants Your Email, It Gets Your Email”

Can't we all just get along?

As everyone knows, IT professionals and lawyers often want to stab each other’s faces with butter knives have a little trouble seeing eye-to-eye. Practitioners of both the law and computer sorcery tend to be headstrong and preternaturally assured that they are correct 100 percent of the time.

It only makes sense then, that several of Wednesday’s panels at the Legal Technology Leadership Summit dealt with the crucial and interdependent relationship between law dogs and mysterious IT folks. Throughout the day, discussion leaders from both sides of the aisle discussed ways to avoid (or at least mitigate) data breaches and to use technological tools to ease billing nightmares. One session was dedicated to lamenting the top ways IT staff and attorneys drive each other nuts.

For reasons why your boss isn’t thrilled about your sweet new 128 gigabyte flash drive and some classic ha-ha-lawyers-don’t-understand-technology anecdotes, keep on reading….

double red triangle arrows Continue reading “Dispatch from Amelia Island: IT and Law Are an Odd, Ornery Couple”

I rode BART into San Francisco on Monday for dinner. As our train approached the Embarcadero station, the driver came on the intercom.

“We aren’t stopping at this station. Don’t want to drop you in the middle of a protest.”

So my roommate and I got off a block later and backtracked. We encountered a few clumps of would-be protestors wearing Guy Fawkes masks and bandanas. They might have been more intimidating, but many had hipster neck-beards curling out from underneath the masks. Mostly, though, there were a lot of riot police. A lot. Who were mainly just standing around.

The protest was in response to Bay Area Rapid Transit’s recent decision to temporarily turn off cell phone reception in four San Francisco stations, which was in anticipation of another protest, which was in turn a response to a recent police shooting in a San Francisco BART station.

Only in California do we have protests about protests. It’s all very dramatic, but where do law and technology fit in? As is the trend these days, pesky hackers broke into the BART Police Officers Association’s website on Wednesday and released personal information about the men and women who patrol the local subway system.

Read more about the allegedly horrible, no good, very bad policy decision that led to the hack after the jump….

double red triangle arrows Continue reading “San Francisco Subway Shuts Off Cell Service, Hackers Get Angry”

It doesn’t take much to get people riled up about peer-to-peer file sharing and everything that goes along with it. Who is the RIAA is suing or not suing? Which Oscar-winning director thinks illegal downloading is maybe kind of OK after all? The list goes on and on.

Often file-sharing doesn’t much concern us here at Above the Law, but sometimes the P2P attorneys themselves become important and/or easily despicable characters within the always-hot topic. A few months ago, I wrote about an attorney named John Steele. A court found his methods of going after P2P porn downloaders to be unsound.

Last week, two more British attorneys were fined almost £200,000 and suspended from practicing law for their unacceptable Internet pirate-baiting schemes.

Let’s see who these guys are and what they did….

double red triangle arrows Continue reading “Two British P2P Lawyers Suspended for Being Bloody Wankers”

When I was in college, it was not altogether uncommon for people to leave their laptops unattended with their Facebook accounts still logged in. It was not altogether uncommon for an enterprising prankster to creatively twiddle with said account. A little switch of sexual preference here, a mildly offensive profile picture there, and maybe a nonsensical new profile quote.

It was annoying, and at worst required minor social media damage control, but nobody seemed to care much.

Nowadays, people definitely care. The California Court of Appeals ruled on July 21 that the same sort of online mischief can lead to felony identity theft conviction.

Let’s learn more about Rolando S., a teenager who messed with the wrong Facebook account….

double red triangle arrows Continue reading “Don’t Mess With Your Friend’s Facebook; It Might Be a Felony”

It’s been an unusually exciting month in the legal tech world. Several lawyers have been charged with (and cleared of) upsetting electronic crimes. An Am Law 100 firm got sued for allegedly screwing up e-discovery. I haven’t even had the time or need to write the same vague jibber-jabber about Google+ that everyone else on the Internet has already written.

This week, we’ve got more high-profile tech arrests, involving the members of an international hacker club who happen to be supporters of everyone’s favorite Australian albino.

For deets on the legal consequences of crashing PayPal’s website, read on….

double red triangle arrows Continue reading “FBI Rolls Out the Hacker Paddywagon in Nationwide Raid”

We’ve all had obnoxious neighbors. The stoners who play music too loud, the dysfunctional lovers who are always yelling at each other… it’s part of life.

Most of us, though, have not lived next door to our own personal cyber-terrorist. Minnesota attorney Matthew Kostolnik has.

His neighbor “launched a calculated campaign to terrorize his neighbors, doing whatever he could to destroy the careers and professional reputations of Matt and Bethany Kostolnik, to damage the Kostolniks’ marriage, and to generally wreak havoc on their lives.”

On Tuesday, the man who published child pornography and sent a death threat to Joe Biden, all under Kostolnik’s name, was sentenced to 18 years in prison. Keep reading to learn more about the worst neighbor since the door-kicking judge….

double red triangle arrows Continue reading “This Lawyer Had the Worst Neighbor Ever”

This news is more than a little scary.

Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.

I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….

double red triangle arrows Continue reading “Chinese Hackers Hijack Hundreds of Gmail Accounts”

Isn’t it annoying when the YouTube video you’re watching just stops loading right in the middle? Or when your Skype connection suddenly starts sucking in the middle of a video conversation?

Well, it turns out that in Europe, sometimes stuff like that doesn’t happen accidentally. Internet Service Providers intentionally “throttle” certain kinds of web traffic.

The European Union is sick of this. On Tuesday, the European Commissioner for Digital Agenda threatened new legislation and public humiliation for companies that don’t allow consumers easy access to a free and open Internet. That’s right, kids; the net neutrality debate is hot in Europe, too….

double red triangle arrows Continue reading “Just Like Us, Europe Isn’t Sure How to Handle Net Neutrality”