Sam Bayard's blog

Saudi Blogger Detained

The mainstream press (here, here) reports that the Saudi Arabian authorities have detained Fouad Ahmad Al-Farhan, a popular Saudi blogger whose blog has been a platform for criticism of government corruption and advocacy for political reform.

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New Jersey Superior Court Quashes Subpoena to Unmask "daTruthSquad"

According to EFF, a New Jersey Superior Court judge quashed a subpoena seeking the identity of anonymous blogger "daTruth Squad" on Friday. The blogger had criticized a malpractice lawsuit filed by the Township of Manalapan, New Jersey against a former city attorney. Then, as part of the same malpractice lawsuit, the Township issued a subpoena to Google (owner of the blog's hosting service) seeking information relating to daTruth Squad's identity.

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Think Secret to Cease Operations as Part of Settlement With Apple

TechCrunch is reporting that Apple and Think Secret have settled their longstanding trade secrets dispute. Here's the kicker: under the terms of the agreement, Think Secret will cease operations. Think Secret issued a statement:

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Court Rejects Bid to Use DMCA to Bypass First Amendment Protection for Anonymous Speech

This weekend I came accross a recent case, In re Subpoena Issued Pursuant to the Digital Millennium Copyright Act to: 43SB.COM, LLC, 2007 WL 4335441 (D. Idaho Dec. 7, 2007).

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Essent v. Doe: Anonymous Blogger Wins on Appeal

The anonymous blogger who runs "The-Paris-site" will remain anonymous, at least for now. Yesterday, a Texas appellate court ordered the trial court to vacate its previous order compelling the blogger's ISP to reveal his name and address to Essent Healthcare, Inc. (For background on the case, see our database entry, Essent v.

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Massachusetts Wiretapping Law Strikes Again

Boston Now reports that Peter Lowney, a political activist from Newton, Massachusetts, was convicted last week of violating the Massachusetts wiretapping statute (Mass. Gen. Laws ch. 272, § 99) and sentenced to six months probation and fined $500. The criminal case arose out of Lowney's concealed videotaping of a Boston University police sergeant during a political protest in 2006.

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Goodale on CDA 230 and Anonymous Speech Online

James Goodale, the former vice chairman of the New York Times, published an article on Friday in the New York Law Journal (registration required) on CDA 230 and the highly publicized Doe v. Ciolli case.

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Stanford's Fair Use Project to Represent RDR Books in Harry Potter Lexicon Lawsuit

The Fair Use Project of Stanford Law Schools Center for Internet and Society announced Tuesday that it is joining as co-counsel to defend RDR Books in the copyright infringement lawsuit filed in federal court in New York by Warner Brothers and J.K. Rowling in October 2007.

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Savage v. Council on American-Islamic Relations: A Breathtaking Misunderstanding of Copyright Law

Conservative talk show host Michael Savage sued the Council on American-Islamic Relations (CAIR) in federal district court in California on Monday for copyright infringement. Savage posted a copy of the complaint on his website. He claims that CAIR violated his copyrights in the October 29, 2007 program of the "Michael Savage Show" by excerpting a four-plus minute portion of the show and posting it on CAIR's website.

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Neuwirth v. Silverstein: Court Grants Anti-SLAPP Motion in Politically Charged Online Dispute

Last week, a California state court dismissed Rachel Neuwirth's libel claim against Washington-state blogger Richard Silverstein and university professor Joel Beinin pursuant to California's anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16).

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YouTube Suspends Account of Prominent Egyptian Blogger and Anti-Torture Activist

I've blogged before about Wael Abbas, an Egyptian blogger and political activist who has gained renown by, among other things, posting videos on YouTube revealing brutal scenes of torture from inside Egypt's police stations.

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Mobilisa v. Doe: Another Big Win for Anonymous Speech Online

An Arizona appellate court handed down an important decision yesterday in Mobilisa, Inc. v. Doe, 1 CA-CV 06-521 (Ariz. Ct. App. Nov. 27, 2007), a case involving the thorny legal question of what standard should govern requests for discovery of the identity of an anonymous Internet speaker whose speech allegedly violated a plaintiff's rights.

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CNET on Libel and User-Generated Content

Before the Thanksgiving holiday, Steve Tobak at CNET published a useful post -- "Bloggers beware: You're liable to commit libel." In it, he gives a straightforward and largely accurate account of the elements of a defamation claim and some good general advice:

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New School of Orlando v. McSween: Florida School Sues Blogging Parent for Defamation

On October 26, 2007, the New School of Orlando sued Sonjia McSween, the parent of a former student, in Florida state court, asserting claims of libel, slander, and tortious interference with business relations.

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Ronson v. Lavandeira: Court Puts Smack Down on Libel Claim Against Perez Hilton

As anyone who follows the celebrity rags already knows, a California judge dealt a mortal blow to Samantha Ronson's libel suit againt litigation-magnet Mario Lavandeira (aka Perez Hilton) two weeks ago. Sadly, we've missed the scoop on this one, but I do have a copy of the transcript of the court's November 1st ruling. Surely the gossip hounds among you won't mind if I delve into the details a little.

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Snyder v. Phelps: Westboro Verdict Criticized as Unconstitutional

Following up on my earlier post about the $10.9 million jury verdict against Fred Phelps and the Westboro Baptist Church, I wanted to point our readers in the direction of some excellent commentary on the topic by Eugene Volokh at the Volokh Conspiracy.

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Legal Threats Database Preview: Internet Solutions v. Marshall

Tomorrow we officially launch our Legal Threats Database, a catalog of the growing number of lawsuits, cease-and-desist letters, and other legal challenges faced by those engaging in online speech. As many of our readers are no doubt aware, the individual threat entries have been available for some time, but starting tomorrow users will be able to view the entire database and search the entries using a number of fields, including location, legal claim, publication medium, and content type.

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