Law 2010

Internet Law -- Dennis Crouch -- Mizzou -- midterm

Case holding that flag burning can be seen as speech when done as part of a protest

Texas v. Johnson

Infra-red camera looking for signs of internal heat-lamps was an unreasonable search

Kyllo

First Amendment does not apply to government officials when they are acting in private capacity

campbell v. reisch

6th circut decision that law enforcement needs a warrant to search email records held by an ISP

U.S. v. Warshak

Ruled that banking records are not protected by the 4th amendment

US v. Miller

Barring sex offender from all social media violated his first amendment rights 

Packingham v. north carolina

Created the reasonable expectation of privacy test under the 4th amendment. In the case, the police had placed a listening device outside a phone booth 

Katz. v. united states

Police violated suspects 4th amendment rights by obtaining 7-days of cell phone location information without a warrant

Carpenter v. united states

holding that CFAA extends to protect computers beyond the US borders

State v. decker

Dormant commerce clause doesn’t prevent states from taxing internet sales from large out of state sellers. 

South dokota v. wayfair

Since the police already knew the phone belonged to the suspect, it wasn’t a 5th amendment violation to require him to enter the password to decrypt

us. v. spencer.

Created in 1871 as part of the klu klux klan. Allows individuals to sue state and local government officals for violating their civil rights.

section 1983

U.S. constitutional provision establishing that federal law generally takes precedence over state laws.

supremacy clause

Article III of the US constitution provides that the “judicial power of the united states, shall be vested in one supreme court” 

Judicial power clause 

Emergency like circumstances that allow police to conduct actions that would otherwise require a warrant

exigent circumstances

Reasonable grounds for making a conclusion. This is the standard that must be met before a judge may issue a warrant.

probable cause

A method of interpreting the constitution that look to the original public understanding of the text. (For example, what did it mean in the year 1789).

orginialism

Test applied to content-based speech restrictions deemed suspect. Requires a “compelling governmental interest” and that the law be “narrowly tailored.” 

Strict scrutiny

The primary federal anti-hacking statute

computer fraud and abuse act (CFAA) 

Post-civil war requirement that states abide by the protections found in the bill of rights

14th amendment incorporation

A high standard of proof used in civil cases, such as eliminating parental rights

clear and convincing evidence

Not considered a “search” because the evidence was visible during a lawful observation 

Plain view

Evidence obtained based upon an illegal search cannot be used to convict the party whose rights have been violated (with some exceptions)

exclusionary rule

Online dispute resolution

ODR 

A non-criminal lawsuit, typically between two private parties

Civil action

A court must have power over the parties to the lawsuit, otherwise it is a due process violation

personal jurisdiction

Non-fungible token

NFT

A group of individual citizens sit in judgement over a lawsuit to decide questions of fact

Jury trial

Deciding which law applies to a particular case. This happens in cross-border situations

Choice of law 

A high standard of proof used in civil cases, such as eliminating parental rights

clear and convincing evidence

Refusal to testify based upon the right granted by the fifth amendment 

Pleading the fifth

According to prof. goldman, emoji can lead to legal problems because:

emoji are displayed differently depending upon the recieving device

Jeff Wall told us about the supreme court of the 1950s and 1960s under chief justice earl warren. What was significant about that period

the liberal court reinterpreted the constitution and thus expanded the scope of civil rights

Hypothetical situation: the university of missouri plans to establish an “online speaker’s circle” that is a space for free speech and debate. However, the University wants to only allow postings between 5:00 am and 11:30 pm. The university’s concern is that students are less likely to be sober during that period and so disruptive speech is more likely. How would you classify this speech restriction?

content neutral 

State v. Decker most closely aligns with which of the following

Kerr’s internal perspective

in this Australian case, the court concluded that tricking an ATM should be punished more severely than tricking a human teller

Kennison v. daire

This case took an internal perspective of cyberspace in holding that a sex offender was “in the presence” of a minor even thoguh communicated via social media 

Packingham v. north carolina

6th circuit decision that law enforcement needs a warrant to search email records held by an ISP 

Us v. warshak

A right protected under the first amendment of the US constitution

anonymity

The primary federal anti-hacking statute

CFAA computer fraud and abuse act

Reasonable grounds for making a conclusion. This is the standard that must be met before a judge may issue a warrant

probable cause

US constitutional provision establishing that federal law generally takes precedence over state laws. 

Supremacy clause

The part of the united states code allows individuals to sue state and local government officals for violating civil rights protected by the U.S. constitution as in campbell v. reisch

section 1983

Not considered a “search” because the evidence was visible during a lawful observation

plain view

Emergency-like circumstances that allow police to conduct action that would otherwise require a warrant

exigent circumstances 

Emma, a famous movie star, recently moved into a new neigbhorhood. Her neighbor, Mark, secretly used a drone to take photos of emma relaxing in her backyard and sold them to an online tabloid magazine. The magazine published the photos along with personal information about Emma that Mark had overheard during her private conversations. Which types of privacy rights, as defined in the Second Restatement, has Mark potentially violated?

Intrusion upon seclusion and public disclosure of private facts

What best describes the concept of personal jurisdiction

personal jurisdiction is the authority of a court over the parties involved in the dispute

During a search of Tom’s home, the police discover incriminating evidence that suggests Tom is involved in illegal drug distribution. The police, however, conducted the search without a warrant and without Tom’s consent. If Tom’s case goes to trial, how does the exclusionary rule affect the admissibility of the evidence discovered during the search?

the evidence will not be admissible because the police conducted the search without a warrant or toms consent

John, a resident of Arkansas, enters into a contract with Jane, a resident of Iowa, to purchase a car from her. After reciving the car, John discovers that it has serious mechanical issues and wants to sue Jane. John learns that Jane is currently visiting Arkansas for a week-long vacation. At that point John files a lawsuit in Arkansas and serves Jane while she is still in the state. Which of the following is the correct basis for jurisdiction if John decides to sue Jane in Arkansas?

transient jurisdiction, because jane is physically present in Arkansas for a week

During a routine traffic stop, Officer Smith pulls over a driver for speeding. While speaking with the driver, the officer notices a cell phone sitting on the passenger seat. Officer Smith picks up the cell phone and begins searching through its contents without the driver’s consent or a warrant. According to the Supreme Court’s ruling in Riley v. California (2014), is Officer Smith’s search of the cell phone lawful?

no b/c the search of the cell phone requires a warrant, even during a traffic stop 

Which of the following actions is within the role and responsibilities of the Missouri Attorney General?

repersenting the state in legal matters, including litigation and appeals

State v. Decker most closely aligns with what

Kerr’s internal persepective

Trademark case holding that geographic names aren’t protectable

hunley v. instagram

Copyright case focusing on transformative fair use

warhol v. goldsmith

Trademark case involving parties in similar markets

brooklyn brewery v. brooklyn brew shop

Supreme court held that the police comitted an unreasonable search when they secretly attached a tracking device to the defendant’s car.

Jones (2012) 

Decision that takes an internal perspective with regard to its “server test” for copyright infringment 

State v. decker

Case asked whether algorithm determining effective public employee performance - and then used to fire those employees - was a violation of the due process clause as protected by the 14th amendment.

Houston federation of teachers

Court dismissed claims against google for bad directions - holding that google lacked a “duty” to provide safe directions

rosenberg v. harwood

Copyright case giving princerights of publicity (aka NIL rights) 

perfect 10 v. amazon / google

Data that can be used to identify an individual (either directly or by inference)

personally identifiable information PII

Rule in US patent law that prohibits circumvention of technological barriers for accessing or copying copyrighted material.

anticrcumvention provision of the DMCA

No provider or user of an Interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider

section 230 of the CDA

Rule in US copyright law that prohibits circumvention of technological barriers for accessing or copying copyrighted material

Anticircumvention provision of the DMCA

Exception to section 230 safe harbor allowing enforcment of state anti-prostitution laws against internet service providers

FOSTA / SESTA

personal secrecy protected by implicit rights of privacy in the U.S. constitution

right of anonymous speech

Provides rights tied to information that retains commercial value by being kept seceret

trade secrecy law

an expressive creation that uses substaintial elements of orginal work

derivative work

Provides exclusive rights for new and useful inventions

patent law

Primary test used for trademark infringment

Liklihood of confusion

Primary test used for copyright infringement

fair use test

Symbol showing that the author is claiming copyright protection of the work

the copyright symbol

provides exclusionary rights to holders of distinctive marks associated with their use of the mark in commerce

trademark law

although copyright law prevents ‘distribution’ including sales, that right is exhausted when the copyright holder sells a copy of the work. This allows for a resale market in a copyrighted work.

first sale doctrine

The common or general term for a product being sold. For example, “coffee machine” is gneric for a machine to make coffee

generic mark

Symbol showing that the copyright has been registered with the copyright office

registered trademark symbol 

Signal that the commercial enterprise is claiming the trademark rights to the associated mark, even if it is an unregistered mark.

TM

Symbol showing that the mark is a registered trademark

Registered tradmark symbol

Copyright safe harbor created for internet service providers who use & distribute content provided by their users. Unlike the CDA, it includes a notice & takedown provision

Section 512 of DMCA 

Provides exclusive rights for orginal works of authorship

copyright law

According to Prof. Lambert, a company with sufficient market power is a monopoly and therefore is illegal under the sherman act of 1890

false

What is the use of a “robot.txt” file

notify automated web scrapers and crawlers of your preferences

What is a key feature of blockchain technology 

substantially immutable records

liability for negligence requires

defendant had a duty to act reasonably in the situation

According to Prof. Choi

developing software engineering as a ‘profession’ could be helpful understanding the ‘standard care’ that programmers should exercise

International Shoe Co. V. Washington

Established the “minimum contacts” test for personal jurisdiction in order to statisfy due process required by the 14th amendment

Calder v. Jones

Created the “effects test” allowing jurisdiction where intentional acts cause reputational harm in the forum state

United States v. Auernheimer

Venue improper for computer-crime prosecution because none of the defendant’s conduct occured in New Jersey; Victim’s residence alone insufficient.

Birskin v. Shopify

California court exercised jurisdiction where shopify’s hidden data tracking of a california Resident’s oline purchases created purposeful contacts despite the company’s canadian base.

Mahony area sch dist v. B.L

High-School cheerleader’s off-campus snapchant rant protected speech; school’s authority weaker off-campus 

Packingham v. North Carolina

Struck down low barring registered sex offenders from all social-media sites; recognized the internet as the “modern public square,”

Texas v. Johnson

Flag burning during a political protest is expressive conduct protected by the first amendment.

Matal v. Tam

Band Called the slants entitled to trademark despite percived offensiveness; registration denial would be a view-point based restriction violating free-speech principles. 

Reed v. town of gilbert

Law treating. political, ideological, and event signs differently was content-based and failed strict scrutiny.

Ward v. rock against racism

Upheld new york city rule requiring use of city sound technicians; applied intermediate scrutiny for content-neutral time-place-manner regulation

303 creative LLC v. Elenis 

colorado could not compel a web designer to create same-sex wedding sites; designing websites was expressive speech that couldn’t be compelled.

West virgina bd. of educ. v. barnette

State cannot force school children to salute the flag or recite the pledge “no offical can prescribe orthodoxy”

Bland v. roberts

reversing district court, held that clicking “like” on a political campaign’s facebook page is constitutionally protected expression equivalent to verbal endorsement

Campbell v. reisch 

Missouri legislator’s blocking of a critic on twitter was not state action; contrasted with knight v. trump, where the presidential account was used for offical purposes and therefore blocking critics was a speech violation. 

Olmstead v. United States

Prohibition-era wiretaps on phone lines outside defendant’s home held lawful; fourth amendment applied only to physical trespass K