We saw Nova Scotia deliver the worst in cyberbullying laws (Canadian edition) earlier this year. Like most bad cyberbullying legislation, this one was prompted by the suicide of a teen. It’s too tempting for legislators to rush into action with no real idea on how to solve the problem, much less mitigate it, and the attendant public uproar contributes nothing in terms of clear thinking or common sense.
As a result, laws like Nova Scotia’s get passed — laws that rely on purely subjective measures. If someone feels offended, they can press charges, utilizing a non-adversarial process that allows the accuser to present his or her case directly to a judge, who then decides whether or not it’s actually cyberbullying. This opens the accused up to civil proceedings, criminal charges and a chance of being banned not just from social media but from the internet entirely, along with being banned from using electronic devices — like a phone….
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
The US government is already fighting wars on several fronts, including the perpetual War on Terror. “War is the health of the state,” as Randolph Bourne stated, and the state has never been healthier, using this variety of opponents as excuses to increase surveillance, curtail rights and expand power.
* Above the Law promotes real-world change! Complaint filed against a Texas judge after we call him out for being RACEIST! [ABA Journal]
* If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]
* If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]
* Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]
* Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]
* Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]
* SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]
Cyber security is all the rage this week, with President Obama announcing that he’s working on a new cyber war plan and the Internets freaking out that the Super Bowl blackout was really a Chinese hacking effort.
Some of you probably assume the ATL front page was hacked this week. Don’t worry though…we made all those problems ourselves.
Cyber attacks on U.S. businesses have increased dramatically as savvy hackers look to steal financial and intellectual assets from computer systems. The smartest cyber criminals have even figured out the best way to get what they want is to avoid the target corporation entirely and aim straight for their law firm — the soft underbelly of American cyber security…
We’ve mentioned the proposed changes to the Children’s Online Privacy Protection Rule before, which are currently under consideration by the FTC. The changes to COPPA, as it’s known for short, would require sites that collect personal information from children to secure written parental consent first. On first glance, it seems like a slam dunk: why wouldn’t we want to protect children’s privacy, and maybe put a dent in the absurd amount of tracking that constantly happens whenever anyone goes online?
Facebook is protesting parts of the rule, because the company says it would restrict the free speech of pre-teens who want to “like” articles online. Because heaven forbid children who technically aren’t even supposed to use Facebook have to voice approval in a manner that doesn’t involve clicking a little blue thumbs-up button….
Yesterday, he unveiled the teaser for his new music product, known as Megabox. And this morning, he earned an extensive personal apology from New Zealand’s prime minister. Apparently the Kiwi equivalent of the American National Security Administration had unlawfully spied on Dotcom, and Prime Minister John Key said the “basic errors” involved in the mistake were appalling.
Just as the new iPhone was announced last week, AT&T was making another, significantly less popular announcement. Although Apple will now allow iPhone owners to use FaceTime (a.k.a. the super-futuristic video phone feature) over the cellular network, instead of just WiFi, AT&T will not. Unless, of course, you buy into its new shared-data plan.
This morning, Free Press, Public Knowledge, and the New America Foundation’s Open Technology Institute announced it would file a complaint with the FCC alleging AT&T has violated net neutrality rules. Let’s see the details of the complaint as well as discuss why AT&T is wrong…
After months of living under house arrest and frozen assets, Megaupload leader Kim Dotcom has finally won a multimillion dollar victory in New Zealand court — one that will unfreeze some of his money and allow him to sell off some of his luxury cars so he can pay his attorneys.
Not a glamorous win, by any means, but it is what it is.
The Justice Department’s prosecution has been riddled with problems almost from the case’s beginning, back in January. This is another setback in their attempts to curb file-sharing.
So how much of his money will Dotcom now be able to fork right over to his lawyers? And which cars can he sell?
Last time we checked in with the crumbling prosecution of Megaupload, the massive cyber locker, and its similarly massive leader, Kim Dotcom, a New Zealand court had declared the search warrant served against Dotcom unconstitutional.
This week, the same judge has ruled that the United States government needs to let New Zealand see why exactly they want to extradite Dotcom. You know, so the country can decide if it’s really a good idea to turn over someone to a foreign government.
What a shocking request! Let’s keep reading to see the details of the ruling, as well as additional updates as to what Dotcom is doing to try to pay his lawyers, who thus far have not received a dime for their services….
The threat of getting sued for libel or defamation has always hung over the heads of media professionals, now particularly so in the blogging era. The truth is always the clearest, simplest defense when faced with libel claims. But there are other, less direct avenues one can pursue as a defense, if need be.
A lawsuit recently dismissed against Gizmodo shows off one of the more commonly overlooked ways to bolster a defense against defamation. Let’s just say there’s often a reason bloggers like to include all those hyperlinks…
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!