A large portion of the strenuous life of bloggers consists of cruising various news sites, looking for some tidbit ridiculous interesting enough to merit a couple hundred words. You do this long enough, and you wind up getting picky pretty quickly. So, last night, when I clicked over to Wired, it was surprising in and of itself that when I saw the following story I literally stared at the screen, slack jawed, for close to a minute.
That’s how ridiculous this proposed legislation coming out of New York is. The only thing I can say is that if this bill somehow managed to become law, the Above the Law commentariat would not be happy at all…
We’ve covered the trials and tribulations — and occasional dishonorable public unveiling — of anonymous internet commenters before. And we have learned that just because someone comments anonymously does not mean no one can find out their identity.
A Texas couple, a day spa owner and a prominent attorney, won a large defamation suit against would-be anonymous commenters last week, showing once again that your secret identity is never as secret as you might hope.
* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]
* Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]
* Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]
* The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]
* “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]
* Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]
Joe Lieberman, the Senator from Connecticut who has evolved into a cartoon-level villain on the left, is at it again. The Daily Kos reports that Lieberman is proposing to gut Section 230 of the Communications Decency Act. For you commenters who don’t know what Section 230 is, I have neither the time nor the inclination to explain it to people who benefit from the freedom that it provides and then question the manner in which it provides it.
Seriously though, if Lieberman has his way, websites could be held responsible for the filthy, disgusting, misogynist, racist, and often quite funny comments left on their posts. This could lead sites to crack down on or eliminate anonymous commenting.
If you think I’m going down so somebody can make a walrus joke about the wrong person, you’ve got another thing coming….
Every so often we hear a new story about a student getting suspended / expelled / paddled for some nonsense offense. These days, the disciplinary problems usually are are a result of some alleged electronic misconduct.
A debate usually follows, where people question the legality and general appropriateness of several issues: was the student punished for something he did at school or at home? Was he or she making some kind of threat, whether serious or sarcastic? How much should a school insert itself into its students’ private lives?
Whatever side of those questions you fall on, at least they are valid points to raise. But what about the student who is expelled for a 2:30 a.m. tweet from his home — a tweet that was simply a juvenile exploration on the word “f***”?
* So you made some anti-war comments, touched Dick Cheney, got arrested, claimed your First Amendment rights were violated, and your case made it all the way to SCOTUS. Greatest accomplishment? Not getting shot by Cheney. [Huffington Post]
* Whoa, whoa, whoa. You mean to tell me that Wachtell’s name partner, Martin Lipton, the man who created the “poison pill,” supports staggered boards? Consider my mind blown. [DealBook / New York Times]
* M&A maven Dennis Block and real estate rock star Jeffrey Feil each donated $1M to their alma mater, Brooklyn Law School. See, you don’t need to go to a T14 school to make bank. [National Law Journal]
* Protip: not even Dov Charney’s world-renowned creepiness can save you from an arbitration agreement. A former employee’s $260M sex slave suit has been tossed out of court. [New York Daily News]
People always ask the Above the Law editors, “What kinds of people leave such horrible comments on your website?” And we always say, “Regular people, the ones you work with or socialize with.”
Most internet commenters are regular people who, under the Invisibility Cloak of cyberspace, feel free to say whatever disgusting/ridiculous/illogical thing that pops into their heads.
Lest anyone think the phenomenon is unique to our website, please think again. For better or worse, trolling is an inevitable part of online media. Most of the time, it’s best to just ignore it. Once a while, however, anonymous online commenting may signify something larger and more pernicious.
Case in point: our inbox was flooded over the weekend with the emerging scandal of a prosecommenter (yeah, you read that right) in New Orleans. This is what happens when a federal prosecutor takes his case to the interwebs instead of the court. Bad times…
And so last week I wrote about mentors, questioning whether today’s young lawyers considered them crucial to professional and personal development. I questioned whether the high calling of being a lawyer has today been reduced solely to a desire for cash, and as such, nothing more than the hope to be “first” on Google and have a “game changing” web presence.
Which brings me to what you can call “Part II” of last week’s mentoring post, and an example of a lawyer to emulate.
There are certain lawyers that bring to mind a one- or two-word description. David Boies — Bush / Gore, Morris Dees — Civil Rights, Clarence Darrow — Criminal Defense, and when I hear “First Amendment,” I think Marc Randazza.
When I hear “first page of Google,” I can’t name one lawyer, and if I can, it’s not a lawyer that matters, except maybe to a bunch of lawyers looking to be the next internet sensation. Being an internet sensation as a lawyer is no different than having been a yellow pages sensation in the previous generation. Ever seen an obituary of a lawyer that said: “She was respected for her two-page, multicolored ads that were placed ahead of all other lawyers in the yellow pages”?
Marc Randazza isn’t an internet sensation. He’s only got about 275 followers on Twitter (and is therefore clearly on his way out of the profession if you ask any social media expert), but Marc Randazza matters.
Would you like to matter in this profession? Will you ever do anything important — anything that causes others to think of you as “that” lawyer for “that” type of case or issue? Or are you just hoping to win that stupid lawsuit against your law school for forcing you to go there because they promised you a job? Or maybe you’ve just bought in to the lie that to survive as a lawyer, you must vomit all over the internet with whatever your marketer tells you is the latest trick to game Google?
And before the commentariat’s collective head explodes, yes, Marc Randazza is my lawyer. I’m in the group currently being sued by Joseph Rakofsky….
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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