Pornography

'Why is your keyboard so sticky, Your Honor?'

‘Why is your keyboard so sticky, Your Honor?’

Earlier this month, news of the Pennsylvania “porngate” scandal spread like wildfire. Hundreds of pornographic and racy emails were exchanged between government employees and officials from 2008 to 2012, and when the public found out that a state supreme court justice was involved, the situation grew even stickier.

When Seamus McCaffery, the judge in question, was initially fingered in the investigation, he wasn’t interested in speaking to the media. “Not only do I not have any comment,” he said, “but since when does the news media pry into personal emails?” When a judge’s personal emails to prosecutors and judges include graphic pictures and videos of salacious sex acts, everyone wants a peek.

Needless to say, Chief Justice Ron Castille of the Pennsylvania Supreme Court is pissed, and he’s taken to the presses to condemn his colleague — not only because he didn’t get to play in McCaffery’s sexy reindeer games, but because McCaffery’s actions have cast a “cloud over all of the courts.”

In response to Castille’s comments on the situation, McCaffery has issued a response. He may be sorry about the porn, but he’s definitely not sorry that he’s calling out Castille on his judicial douchebaggery…

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* Thanks to a partner from K&L Gates, victims of revenge porn will be able to rely upon the assistance of the Cyber Civil Rights Legal Project to guide them through the courts pro bono. [National Law Journal]

* The latest Princeton Review rankings are out, and now you can find out if you attend a law school that has some of the best professors in the country. Spoiler alert: Yale Law isn’t No. 1. [Huffington Post]

* Calling all lawyers and law students! If you bought a Red Bull in the past 12 years to get through an all-nighter, then you’ll be able to make some quick cash from this class action settlement. [BuzzFeed]

* It seems Madam Justice Lori Douglas, the Canadian judge whose nude pictures were leaked online, is no longer facing sexual harassment charges. That must be nice for her, all things considered. [CBC News]

* Per federal prosecutors, if you’re not too high to suck at playing games on Xbox, then you’re not too high to forget about friends of the accused Boston bomber removing evidence from your room. [Bloomberg]

* Adrian Peterson’s felony child abuse trial is supposed to begin in December, but it could be delayed because the judge may have to recuse. That’s what happens when you call lawyers “media whores.” [CNN]

‘Why is your keyboard so sticky, Your Honor?’

The scandalous “porngate” controversy has been brewing for a while now in Pennsylvania. If you’re not familiar with what happened, it seems that hundreds of pornographic and racy emails were exchanged between dozens of state government employees and officials from 2008 to 2012. The vast majority of those emails were sent or read on state email accounts. Thus far, the names of eight former employees of the attorney general’s office have been released as being involved in the erotic email exchange, and two people have already resigned from their positions.

Late last week, the chief justice of the Pennsylvania Supreme Court demanded information on whether any of the justices seated on his bench had taken part in any of the sexy email swaps. Days later, we now know that at least one of the justices may have been improperly banging his gavel alongside state officials.

Which justice allegedly traded sexually explicit emails with his colleagues?

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She’s not a porn star, she’s a law student. We could see where you might be confused by that one.

* Now that we know Eric Holder is resigning, there’s been speculation as to where he’ll go next. The obvious choice is a return to Covington & Burling, but he could still surprise everyone. [National Law Journal]

* “Judicial campaign cash is burning a hole in the Constitution.” State court judges are pumping money into their election campaigns, and some have been left to wonder about its true price. [New York Times]

* Details have emerged as to conditions that must be met for Bingham McCutchen’s proposed merger with Morgan Lewis: partner promises, de-equitizations, and forgivable loans, oh my! [Reuters (sub. req.)]

* In the wake of Dean Makau Mutua’s decision to step down at Buffalo Law, a “deep rift” among faculty has been brought to light. The school’s future doesn’t seem as “bright” as we were once told. [Buffalo News]

* A former law student who was falsely identified as a porn star on the radio had her day in court and pulled out a win. Here’s the money shot: she’s walking away with $1 million in damages. [Kansas City Star]

* Former Connecticut Governor John G. Rowland, convicted of corruption. [New York Times]

* Who is Justice Ginsburg talking to? [PrawfsBlawg]

* The new Apple operating system is designed to thwart search warrants. That sounds… interesting. [The Volokh Conspiracy / Washington Post]

* The Bali suitcase murder suspect hired a lawyer for her fetus. [Slate]

* Here’s an idea: take your client’s settlement money and then just… disappear with it. There’s no way the cops will come looking for you. [Albuquerque Journal]

* Was it a crime when a porn producer outed one of its stars as Miss Teen Delaware, or just unethical? [Full Disclosure]

* Young lawyer contemplating a lawsuit after his $3,000 watch was stolen at a security checkpoint. Perhaps it’s time to invest in a Swatch. [Missouri Lawyers Weekly]

* A website has been set up to collect stories, videos, photos, memories, and more, to share with slain Professor Dan Markel’s young sons. His memorial is scheduled for next Tuesday. [Prawfsblawg]

* What would happen if lawyers gave out GPS directions? [Legal Cheek]

* George Mason Law is looking for a new dean. Brush off that résumé, Elie! [The Volokh Conspiracy / Washington Post]

* Is it me, or do we need to buy Justice Kagan a new outfit? [Josh Blackman's Blog]

* The scion of a Biglaw bigwig (go ahead and guess which firm…) arrested for filming and distributing video of his sexual escapades with his girlfriend without her permission. It’s like revenge porn without the revenge element. [Law and More]

* Don’t bring creeps with you to a jury trial. [What About Clients?]

Did you say threesome, Dean?

“For sure. It’s the first time I’ve ever followed a court case. Because, I mean, it effects me personally, y’know?”

Scarlett was fiddling with a dildo the size of my arm when she explained to me how the industry felt about it.

“As far as I can tell, and I’m no lawyer, but as far as I can tell? This O’Bannon stuff means amateur pornography is over.”

The student-actress spoke into the webcam with a surprising confidence as she slowly gyrated her waifish body.

“Maybe I won’t make a ton of money. Won’t become rich like the stars do. But it sure would make getting through school easier. Which, I mean, all the producers say that’s what they’re trying to help me with. School.”

“And here’s another thing I think,” she said, her hands now doing something that could only be described as anything but professional.

“I believe in the ideal of amateurism. In the notion of ‘Hey, this is me and this is my real boyfriend and we aren’t getting paid for this.’ I believe in that. But I also could use a bit of money. To buy books. And food. Maybe more lube.” At this, the show stopped and she quickly covered up, suddenly demure and pitiful.

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Winston Churchill once said, “If Hitler invaded hell I would make at least a favourable reference to the devil in the House of Commons.”

This quote springs to mind when confronted with the ongoing legal tussle over the “revenge porn” site Pinkmeth.com. As vile as that business may be, the intrepid attorney battling to shut it down has an ally with a reprehensible past of his own — like fronting an organization recognized by the Southern Poverty Law Center as a bona fide hate group. It’s a legal conflagration that makes you want to cast a pox on both houses and curl up in the fetal position and pray for humanity.

But in the wake of the latest lawsuit filing, the two sides took to Twitter to lower the debate with public sniping.

Just like that, it’s the rest of us that win….

UPDATE (7/10/14 4:37 p.m.): The attorney involved in this suit, Jason Lee Van Dyke, has drafted a response to my post, which you can read on page 3. If you’ve already read this post, you can jump directly to page 3 here.

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(c) Image by Juri H. Chinchilla.

Five years ago yesterday, Eastman Kodak took our Kodachrome away. On June 22, 2009, the company announced that, after seventy-four years of production, it would no longer make Kodachrome, the world’s first successful color film. This week, On Remand looks back at the camera film that gave us those nice bright colors and greens of summers, Kodak’s antitrust battles, a sordid suit involving Penthouse magazine photos, and a law student’s $100,000 case over two missing rolls of film.

After Kodachrome’s release in 1935, photographers quickly adopted it. No previous film had portrayed color as realistically as Kodachrome. As the film choice of professional and amateur photographers alike, Kodachrome captured key moments in vivid color: the Hindenburg explosion in 1936, Tenzing Norgay at the top of Everest in 1953, President Kennedy’s assassination in 1963, Don Draper’s wedding day. But by 2009, even Steve McCurry, the photographer chosen by Kodak to receive the last roll of Kodachrome film, had switched to digital. When McCurry — who captured the famous “Afghan Girl” photo for National Geographic magazine using Kodachrome film — finished the last roll, he hand-delivered it to the only place in the U.S. that could develop it: Dwayne’s Photo in Parsons, Kansas….

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I store my files on the cloud. Whenever you store your confidential stuff on someone else’s computers, you have to be wary of two things: security and privacy. A few weeks ago, I wrote this article about how to beef up your security, so today, I am going to talk about privacy.

The general consensus is that lawyers can use cloud computing. The ABA has put together this map that explains ethics opinions on the use of cloud computing by state. To sum it up, about 20 or so state bars have issued opinions that storing data in the cloud does not per se violate a lawyer’s duty of confidentiality, but you have to use reasonable care in storing your docs online.

There’s a movie on Netflix streaming right now called “Terms and Conditions May Apply.” It’s a scary documentary about how we agree to give away access to our data in the fine print of all of the internet services we use from email to social media. So, how does that relate to confidentiality of client files we store on the cloud?

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