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Michigan Secretary of State Warns Voters Not To Use Cameras Inside The Polls

Michigan Secretary of State Terri Lynn Land issued a press release today warning voters that Michigan law prohibits the use of video cameras, still cameras, and other recording devices inside Michigan polling places on Election Day. 

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Marking the Ten Year Anniversary of the DMCA

Today marks the ten year anniversary of the Digital Millennium Copyright Act (DMCA), which President Clinton signed into law on October 28, 1998.  For background on the DMCA, see our legal guide here and here.  Now that we've had a decade to get to know the DMCA, it's time to reflect on the changes this important law has engendered.

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Documenting Your Vote: North Carolina Election Laws

Although you wouldn't guess from the photograph on the right and others available online (here, here, and here), North Carolina law places heavy restrictions on photography and videography inside polling places on Election Day. Luckily, North Carolina also provides some helpful guidelines on permissible newsgathering activities at the polls.

Section 163-166.3(b) of the North Carolina General Statutes says that no person may "photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct." Depending on the attitude of the chief poll worker at your precinct towards photography and videography, this amounts to a near-prohibition on using recording devices inside the "voting enclosure," which means "the room within the voting place that is used for voting."  N.C. Gen. Stat. § 163-165.

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Rapp v. Jews for Jesus, Rehnquist in Brennan's Robes

In Jews for Jesus v. Rapp, No. SC06-2491, 2008 WL 4659374 (Fla. Oct. 23, 2008), the Florida Supreme Court appears to do the First Amendment a great service by declining to recognize the false light invasion of privacy tort. However, this is a case of the ghost of William Rehnquist haunting Florida after stealing William Brennan's robes.

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U.K. Man Sued for Libel over Feedback on eBay

The Telegraph is reporting that a U.K. man has filed a libel lawsuit over negative feedback he received from a buyer on eBay:

Chris Read used the auction website's feedback facility to claim that the device he was sold by Joel Jones, a 26-year-old businessman from Suffolk, did not live up to its billing.

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Law School Classmates Fight Over Hog on Ice

Those of you who are regular readers of this blog know that we maintain a database of legal threats (lawsuits, subpoenas, C&D letters, etc.) directed at online and citizen media (BTW, if you know of a threat that we've missed, please add it). One of the things we try to collect for every entry is whether a party is represented by a lawyer.

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Documenting Your Vote: Pennsylvania Election Laws

Although Pennsylvania no longer looks like much of a swing state, today I'll discuss the Pennsylvania laws that impact your ability to document your own voting experience through video and still photography, as well as your ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places.

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Copyright, Politics, and McCain's Request for Special Treatment

Last week we reported that the McCain campaign had sent a letter to YouTube complaining that its campaign videos were being removed from YouTube as a result of unjustified DMCA takedown requests sent by news organizations whose footage was included in the videos.

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Hustler Spread of Murder Victim: Arguably Tasteless, but Certainly First Amendment Protected

In June 2007, professional wrestling promotrix, Nancy Benoit and her son, Daniel, were the victims of a double murder-suicide committed by her husband, WWE wrestler, Chris Benoit.

Approximately 20 years earlier, Ms. Benoit (then Nancy Daus) posed nude for photographer Mark Samansky. Benoit/Daus allegedly had a change of heart and requested that the materials be destroyed. Nevertheless, Samansky kept the video and made stills from it.

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German Courts Say Nein to Google Image Search

Google appears to be learning the hard way that there's "kein fairer Gebrauch" (no fair use) in Germany.  The Internet search giant lost two German copyright decisions Monday, as the courts ruled that the thumbnail images that appear in Google Image Search violate German copyright law.  Bloomberg reports:

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Documenting Your Vote: Virginia Election Laws

In the wake of the final presidential debate last night, polls suggest that Virginia is poised to be a key state come November 4.  If you're a Virginia voter thinking about documenting the big day, Virginia election law may affect your ability to use video or still photography in and around your polling place, as well as your ability to interview other voters at the polls.

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CMLP Joins with YouTube and PBS to Help Citizens Video Their Vote

As part of a new project spearheaded by YouTube and PBS called "Video Your Vote," the Citizen Media Law Project is researching the laws regulating recording activities at polling places.  Our specific focus is on the laws that impact voters' ability to document their own voting experiences through video and still photography, as well as their ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places.

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McCain's YouTube Takedowns Inspire Fair Use Fervor

There's nothing like a misfired copyright claim to make a presidential campaign see the value of fair use.

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Celebrating Open Access Day

I am sitting in the Berkman Center's conference room listening to Stephen Schultze give an impassioned appeal to increase public access to government information, especially federal court records.  You can listen to his talk through a live webcast feed. Here is a summary of Steve's presentation:

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Documenting Your Vote: Ohio Election Laws

Continuing our focus on swing states, I'll look today at the laws regulating polling place activities in Ohio. These laws may impact your ability to document your own voting experience through video and still photography, as well as your ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places.

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Will Your ISP Stand Up for Your Free Speech Rights?

There are a lot of things to consider when making the decision to launch a blog or website, including questions of cost, ease of use, and ownership of content.  Understanding how these considerations impact your legal rights and potential liability can help you make an intelligent choice as to what platform to use and what precautions to take when you speak online (we've got a whole section on these concerns, and others, in our legal guide).  But one area most people tend to overlook is whether their

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Oregon Shield Law Protects Anonymous Commenter

Last week, an Oregon state judge ruled that Oregon's media shield law, found at Or. Rev. Stat. §§ 44.510 to 44.540, protected the identity of an anonymous commenter who posted allegedly defamatory statements on The Portland Mercury and Willamette Week websites.

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Documenting Your Vote: Florida Election Laws

This post is another in our series looking at state election laws that regulate activities at polling places on Election Day.  These laws, which we cover from a general standpoint in the Documenting Your Vote section of our legal guide, may impact your ability to document your own voting experience through video and still photography, as well as your ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places.

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