Friday, 10 February 2017
Introduction: exploring the comparative in socio-legal studies
Introduction: exploring the comparative in socio-legal studies: "...comparison is a natural part of much good scholarship. In practice, we suggest, socio-legal scholars regularly undertake forms of comparison in different ways, often without being explicit about their methods and purposes. The diversity discussed and reflected in the many edited volumes on comparative law should not be regarded as a problem. Rather than searching for some ideal, prescriptive and methodologically precise form of comparison, the field should allow different approaches and purposes. We should make a virtue out of variety." 'via Blog this'
Matron: Squaring the data protection circle just got harder for the UK
Matron: Squaring the data protection circle just got harder for the UK: "Although the UK government has now confirmed that it will opt in to the GDPR in May 2018, its failure to commit to the continued application of the framework post-Brexit already creates legal uncertainty for UK data controllers and processors. But in the face of today’s judgment, it is now seriously putting at risk the ability of any UK company to receive personal data from inside the EEA after the UK’s departure from the EU club. And that is something that UK businesses should view with some concern.
To quickly sum up the current situation: the EU data protection law framework has always been, and will continue to be, in the service of two seemingly conflicting objectives: it seeks to protect personal data and hence the individual citizen’s right to privacy and data protection (now guaranteed to them under the EU Charter of Fundamental Rights), and to facilitate the free flow of personal data, which is a basic requirement for the functioning of the digital economy that we are all now operating in." 'via Blog this'
To quickly sum up the current situation: the EU data protection law framework has always been, and will continue to be, in the service of two seemingly conflicting objectives: it seeks to protect personal data and hence the individual citizen’s right to privacy and data protection (now guaranteed to them under the EU Charter of Fundamental Rights), and to facilitate the free flow of personal data, which is a basic requirement for the functioning of the digital economy that we are all now operating in." 'via Blog this'
Eroding exceptionalism: Internet firms’ legal immunity is under threat | The Economist
Eroding exceptionalism: Internet firms’ legal immunity is under threat | The Economist: "The European Commission, the EU’s executive body, last year proposed plans to regulate platforms. It will not change its e-commerce directive, but it has pushed platforms into signing up to a “voluntary” code of conduct which commits them to actively and swiftly remove illegal hate speech such as racial abuse (instead of reacting to complaints).
Some EU member states are considering going further: the German government may bring in a law to impose fines of up to €500,000 ($534,000) on a platform like Facebook if it fails to take down illegal content within 24 hours.
Section 230 of the CDA is under pressure, too. True, the Supreme Court recently refused to revive an unsuccessful lawsuit against Backpage, an American site for classified ads with a popular adult section, which had been accused of facilitating forced prostitution. But last year saw a “swarm” of adverse Section 230 rulings, says Eric Goldman of the Santa Clara University School of Law." 'via Blog this'
Some EU member states are considering going further: the German government may bring in a law to impose fines of up to €500,000 ($534,000) on a platform like Facebook if it fails to take down illegal content within 24 hours.
Section 230 of the CDA is under pressure, too. True, the Supreme Court recently refused to revive an unsuccessful lawsuit against Backpage, an American site for classified ads with a popular adult section, which had been accused of facilitating forced prostitution. But last year saw a “swarm” of adverse Section 230 rulings, says Eric Goldman of the Santa Clara University School of Law." 'via Blog this'
Wednesday, 8 February 2017
Melania Loses Defamation Lawsuit on Jurisdiction Grounds–Trump v. Tarpley – Technology & Marketing Law Blog
Melania Loses Defamation Lawsuit on Jurisdiction Grounds–Trump v. Tarpley – Technology & Marketing Law Blog: "These arguments fail. The court cites the general proposition: “The overwhelming weight of authority holds that merely operating a website — even if it is a popular website that makes money from advertising… — does not constitute ‘purposeful availment.'”
The court then applies it to this case: “MMI does not intentionally enter the Maryland market specifically, but rather the United States market as a whole….there was no evidence that the website specifically targeted residents of the forum state more than, or in a different way than, any other state.”
The geotargeted ads don’t matter because Melania “failed to establish that MMI has targeted Maryland specifically with its advertisements.” MMI didn’t sell any ads directly to Maryland residents, and the geotargeted ads apparently were sold and served by a third party ad network.
The news stories about Maryland don’t matter because 2/3 were AP wire stories that were automatically reposted on MailOnline; and the site otherwise has a national/international focus and not a “specific focus” on Maryland (distinguishing Mavrix and Hare v. Ritchie).
In the case of the MailOnline article in question, it was initially uploaded in London and then uploaded to the US site by New York staff. No reporters traveled to Maryland, and MMI doesn’t have an office in Maryland, Melania doesn’t live in Maryland, and no witnesses are located in Maryland.
As a result, the case can proceed in Maryland against Tarpley, but MMI is dismissed." 'via Blog this'
The court then applies it to this case: “MMI does not intentionally enter the Maryland market specifically, but rather the United States market as a whole….there was no evidence that the website specifically targeted residents of the forum state more than, or in a different way than, any other state.”
The geotargeted ads don’t matter because Melania “failed to establish that MMI has targeted Maryland specifically with its advertisements.” MMI didn’t sell any ads directly to Maryland residents, and the geotargeted ads apparently were sold and served by a third party ad network.
The news stories about Maryland don’t matter because 2/3 were AP wire stories that were automatically reposted on MailOnline; and the site otherwise has a national/international focus and not a “specific focus” on Maryland (distinguishing Mavrix and Hare v. Ritchie).
In the case of the MailOnline article in question, it was initially uploaded in London and then uploaded to the US site by New York staff. No reporters traveled to Maryland, and MMI doesn’t have an office in Maryland, Melania doesn’t live in Maryland, and no witnesses are located in Maryland.
As a result, the case can proceed in Maryland against Tarpley, but MMI is dismissed." 'via Blog this'
Sunday, 5 February 2017
Legal Affairs: HOW I LOST THE BIG ONE Lawrence Lessig
Legal Affairs:
"My anger with the conservatives quickly yielded to anger with myself. For I had let a view of the law that I liked interfere with my view of the law as it is.
Most lawyers and law professors have little patience for idealism about courts in general and this Supreme Court in particular. Most have a much more pragmatic view.
As I read back over the transcript from that argument in October, I can see a hundred places where the answers could have taken the conversation in different directions, where the truth about the harm that this unchecked power will cause could have been made clear to this court. Kennedy in good faith wanted to be shown. I, idiotically, corrected his question. Souter in good faith wanted to be shown the First Amendment harms. I, like a math teacher, reframed the question to make the logical point. I had shown them how they could strike down this law of Congress if they wanted to. There were a hundred places where I could have helped them want to, yet my stubbornness, my refusal to give in, stopped me.
I have stood before hundreds of audiences trying to persuade; I have used passion in that effort to persuade; but I refused to stand before this audience and try to persuade with the passion I had used elsewhere. It was not the basis on which a court should decide the issue. " 'via Blog this'
"My anger with the conservatives quickly yielded to anger with myself. For I had let a view of the law that I liked interfere with my view of the law as it is.
Most lawyers and law professors have little patience for idealism about courts in general and this Supreme Court in particular. Most have a much more pragmatic view.
As I read back over the transcript from that argument in October, I can see a hundred places where the answers could have taken the conversation in different directions, where the truth about the harm that this unchecked power will cause could have been made clear to this court. Kennedy in good faith wanted to be shown. I, idiotically, corrected his question. Souter in good faith wanted to be shown the First Amendment harms. I, like a math teacher, reframed the question to make the logical point. I had shown them how they could strike down this law of Congress if they wanted to. There were a hundred places where I could have helped them want to, yet my stubbornness, my refusal to give in, stopped me.
I have stood before hundreds of audiences trying to persuade; I have used passion in that effort to persuade; but I refused to stand before this audience and try to persuade with the passion I had used elsewhere. It was not the basis on which a court should decide the issue. " 'via Blog this'
Saturday, 4 February 2017
Why Trump’s Meetings With CEOs Seeking Mergers Trouble Observers - ProPublica
Why Trump’s Meetings With CEOs Seeking Mergers Trouble Observers - ProPublica: "The Department of Justice’s rulings “always reflect the prevailing administration’s policy views about certain things,’’ he said. But they “should be free of direct political intervention.” Thompson noted that he had no insight into what was said during Trump’s recent meetings with the CEOs.
During the campaign, Trump came out against AT&T’s proposed acquisition of Time Warner “because it’s too much concentration of power in the hands of too few.” Time Warner owns CNN, a frequent target of Trump’s ire.
Since the campaign, Trump has moderated his tone on the AT&T-Time Warner deal. He also appointed transition antitrust experts who are friendlier to corporate consolidation than the Obama administration. What wasn’t anticipated is the possibility that Trump might cut his own deals on mergers typically scrutinized by the Justice Department" 'via Blog this'
During the campaign, Trump came out against AT&T’s proposed acquisition of Time Warner “because it’s too much concentration of power in the hands of too few.” Time Warner owns CNN, a frequent target of Trump’s ire.
Since the campaign, Trump has moderated his tone on the AT&T-Time Warner deal. He also appointed transition antitrust experts who are friendlier to corporate consolidation than the Obama administration. What wasn’t anticipated is the possibility that Trump might cut his own deals on mergers typically scrutinized by the Justice Department" 'via Blog this'
Friday, 3 February 2017
Majority of Android VPNs can’t be trusted to make users more secure | Ars Technica
Majority of Android VPNs can’t be trusted to make users more secure | Ars Technica:
"According to a research paper that analyzed the source-code and network behavior of 283 VPN apps for Android:
18 percent didn't encrypt traffic at all, a failure that left users wide open to man-in-the-middle attacks when connected to Wi-Fi hotspots or other types of unsecured networks
16 percent injected code into users' Web traffic to accomplish a variety of objectives, such as image transcoding, which is often intended to make graphic files load more quickly.
Two of the apps injected JavaScript code that delivered ads and tracked user behavior. JavaScript is a powerful programming language that can easily be used maliciously
84 percent leaked traffic based on the next-generation IPv6 internet protocol, and 66 percent don't stop the spilling of domain name system-related data, again leaving that data vulnerable to monitoring or manipulation
Of the 67 percent of VPN products that specifically listed enhanced privacy as a benefit, 75 percent of them used third-party tracking libraries to monitor users' online activities.
82 percent required user permissions to sensitive resources such as user accounts and text messages
38 percent contained code that was classified as malicious by VirusTotal, a Google-owned service that aggregates the scanning capabilities of more than 100 antivirus tools
Four of the apps installed digital certificates that caused the apps to intercept and decrypt transport layer security traffic sent between the phones and encrypted websites" 'via Blog this'
"According to a research paper that analyzed the source-code and network behavior of 283 VPN apps for Android:
18 percent didn't encrypt traffic at all, a failure that left users wide open to man-in-the-middle attacks when connected to Wi-Fi hotspots or other types of unsecured networks
16 percent injected code into users' Web traffic to accomplish a variety of objectives, such as image transcoding, which is often intended to make graphic files load more quickly.
Two of the apps injected JavaScript code that delivered ads and tracked user behavior. JavaScript is a powerful programming language that can easily be used maliciously
84 percent leaked traffic based on the next-generation IPv6 internet protocol, and 66 percent don't stop the spilling of domain name system-related data, again leaving that data vulnerable to monitoring or manipulation
Of the 67 percent of VPN products that specifically listed enhanced privacy as a benefit, 75 percent of them used third-party tracking libraries to monitor users' online activities.
82 percent required user permissions to sensitive resources such as user accounts and text messages
38 percent contained code that was classified as malicious by VirusTotal, a Google-owned service that aggregates the scanning capabilities of more than 100 antivirus tools
Four of the apps installed digital certificates that caused the apps to intercept and decrypt transport layer security traffic sent between the phones and encrypted websites" 'via Blog this'
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