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Massachusetts Court of Appeals Rules: Fight Over Surrogate-Born Baby Is A Drama-Filled Mess, But Not Actually Surrogacy

You know a case is especially full of drama when the court’s opinion spends several pages quoting straight from the Facebook messages between the parties.
Tags: Facebook, Law, Family law, Ellen Trachman, Assisted Reproductive Technology (ART, Massachusetts Court of Appeals Rules

Judge Faces Ethics Charges After Mouthing Off About Mass Shooter Case

The judge took to Facebook with commentary.
Tags: Facebook, Law, Social Media, Courts, Mass Shooting, David Cannon, Robert Aaron Long

The First Thing I Learned In Bar Prep Is…

If attorneys who actually think Facebook is bound by the 1st Amendment can pass this test, so can I.
Tags: Facebook, Law, Law Schools, Bar Exams, Meme of the Day

Facebook, Google, Twitter and Microsoft are cracking down on white supremacist groups like the Proud Boys and 3 Percenters

White supremacists stand behind their shields at a rally in Charlottesville, Virginia, US, August 12, 2017. REUTERS/Joshua Roberts A non-profit formed by Facebook, Google, Microsoft, and Twitter is cracking down on white supremacist groups. Groups like the Proud Boys will be added to a shared database that also tracks known terrorist organizations. That database is used by the tech giants to identify content for removal across their services. Visit the Business section of Insider for more ...
Tags: Google, Facebook, Twitter, Crime, Microsoft, Law, Internet, Youtube, Trends, Social Media, Linkedin, Regulation, Al Qaeda, Hamas, White Supremacists, Reuters

Think before you post to social media lest you face 6-month suspension

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. *****   Think before you post to social media lest you face 6-month suspension If I’ve said it once, I’ll say it again: think before your post. This recommendation applies to everyone, of course. But if you’re a lawyer, then you’d best heed my advice and tread lightly when posting commentary online on social media sites or elsewhere. Otherwise you run the risk of running afoul of your ethical obligati...
Tags: Facebook, New York, Law, Social Media, Ethics, Commission, South Carolina, Thomson Reuters, Aba, ABA Journal, Charleston, Floyd, Rochester New York, Respondent, Daily Record--Legal Currents Column, Law & Technology

Morning Docket: 07.26.21

* Does trying to form a study group feel like a DJ Khaled song on repeat? You aren't alone. [Insider] * App paying folks in NYC and LA to record crimes and fires. Who needs a duty of care in the gig economy? [Business Insider] * OnlySouls? Facebook will let religious groups offer premium content. [Business Insider] * I believe the young attorneys are our future. And they're working toward a better one. Oh, and shout out to Morgan Humphrey! RU Law stand up! [Law 360] * What's in a face, reall...
Tags: Facebook, Law, NYC, La, Uncategorized, Whitney Houston, Dj Khaled, Morning Docket, 5th Amendment, Citizen Surveillance, Morgan Humphrey RU Law

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. SOQUIJ | Le Blogue 2. Library Boy 3. Lawyered Podcast 4. Official Clio Blog 5. Condo Adviser SOQUIJ | Le Blogue Portrait de la fraude dans l’industrie aéronautique L’industrie aéro...
Tags: Facebook, Law, Eu, Canada, Elle, Ontario, New York University School of Law, Monday’s Mix, SOQUIJ, Le Blogue, Hauser Global Law School Program, Library Boy Updated Globalex Research Guides, Ziad Yehia

25 States Are Forcing Face Recognition on People Filing for Unemployment

We acclimatize to dangerous tech creep in a series of fuck-it moments until the point at which we realize a foreseeably bad network is so pervasive, we reluctantly adopt it and move on. There was a time when social media, Amazon shopping, and home surveillance seemed optional—until they weren’t. Now in many states,…Read more...
Tags: Amazon, Facebook, Science, Privacy, Identity Management, Articles, Insurance, Unemployment, Welfare, Gizmodo, Internet Privacy, Face Recognition Technology, Blake Hall, Facial recognition system, Idme

Second Circuit Rejects an Account Termination Lawsuit…Again (Phew!)–Domen v. Vimeo

Domen posted videos advocating for sexual orientation change efforts (SOCE). Vimeo terminated his account. Domen sued Vimeo for the termination, alleging that it discriminated against him. The district court dismissed Domen’s complaint. The Second Circuit affirmed, in a precedent-setting opinion relying on Section 230(c)(2)(A). Domen sought a rehearing, and Vimeo didn’t file opposition papers. Last week, the panel issued a brief order granting the rehearing and vacating its prior opinion. This ...
Tags: Facebook, Supreme Court, Law, Green, Aol, Vimeo, Doj, Force, Terms Of Service, Fisher, Google Inc, Fla, Second Circuit, Cir, Nat, EBay Inc

"If you thought they were gazing at the earth, and feeling small, and reflecting on the trouble the planet and its inhabitants are in, they weren't. They were trying to catch skittles in their mouths."

A comment at a Facebook post by the NYT: "Watch Jeff Bezos and his fellow passengers on the Blue Origin flight play with Skittles and experiment with gravity on their trip to space on Tuesday."What if you had to argue: The Skittles-catching foolery in space was the best form that philosophical inquiry could take under those circumstances.  If the "what if you had to argue" game seems alien, read my 2012 post "What if you had to argue that it's good for children to play 'What if you had argue?'"...
Tags: Facebook, Law, America, Trayvon Martin, Philosophy, Jeff Bezos, Candy, Skittles, Blue Origin, Donald Trump Jr, Ann Althouse

DC Circuit Upholds Airbnb’s TOS–Selden v. Airbnb

Selden sued Airbnb for racial discrimination. Airbnb invoked its arbitration clause. Five years ago, the district court sent the case to arbitration. Selden lost the arbitration because a room in an owner-occupied, single-family residence isn’t a public accommodation (similar to the denouement). Post-arbitration, he appealed the district court’s arbitration ruling. The DC Circuit affirms. This is Airbnb’s iPhone registration screen at the time: Selden signed up by connecting with...
Tags: Facebook, Law, Boston, E-commerce, Airbnb, Homeaway, Terms Of Service, Facebook Google, Harrington, Selden, Airbnb Inc, DC Circuit, Licensing/Contracts, SF Housing Rights Committee, HomeAway Airbnb, Hiam

Instagram ‘pushes weight-loss messages to teenagers’

Researchers find minimal interactions by teen users can trigger a deluge of thin-body and dieting imagesInstagram’s algorithms are pushing teenage girls who even briefly engage with fitness-related images towards a flood of weight-loss content, according to new research which aimed to recreate the experience of being a child on social networks.Researchers adopting “mystery shopper” techniques set up a series of Instagram profiles mirroring real children and followed the same accounts as the volu...
Tags: Health, Facebook, Technology, Media, Instagram, Social Media, Society, Mental Health, Body Image, Eating Disorders, Anorexia, Digital Media

From the Archives: Vacations Are Necessary For Us, But Not Mandated By Law

Editor’s Note: I am taking some time away from the office. In my absence, I thought I would revisit one of my older posts talking about….vacation.   Like many of you, I long for vacations. I like to plan them out in advance and then spend the intervening weeks and months plotting and scheming. What restaurants and new foods should we try? What attractions should we try to visit? And while that private tour my Facebook friend recommended sounds neat and all, what can we really afford to do? Havi...
Tags: Facebook, Law, California, Connecticut, Vacation, Archives, From The Archives, PTO, Wage & Hour, Time Off, Paid Time Off, Featured Content

1H 2021 Quick Links, Part 3 (Content Moderation, Censorship, Privacy, & More)

Content Moderation * NYT: Inside Twitter’s Decision to Cut Off Trump * Axios: All the platforms that have banned or restricted Trump so far * NY Times: What Happened When Trump Was Banned on Social Media * NY Times: Mark Zuckerberg and Sheryl Sandberg’s Partnership Did Not Survive Trump * “False Accusation: The Unfounded Claim that Social Media Companies Censor Conservatives.” From the article: “the claim of anti-conservative animus is itself a form of disinformation: a falsehood with no reliabl...
Tags: Google, Facebook, Mark Zuckerberg, UK, Minnesota, Law, Russia, Nigeria, Bill, Ada, Sheryl Sandberg, Privacy/security, Trump, Alex Jones, Boston Globe, Ny Times

"It just doesn’t feel right... that company CEOs Mark Zuckerberg, Jack Dorsey and Sundar Pichai get to decide which politicians Americans can hear and which ones we can’t."

"Everyone mocking Trump’s misreading of the First Amendment would be foolish to dismiss that feeling. Facebook, Twitter and Alphabet (which owns Google and YouTube) barred Trump from their platforms after he incited violence on Jan. 6. They are private companies, and they had every right to do so.... But the fact that Trump failed so miserably to find alternatives to these platforms reinforces the common-sense feeling that they are not ordinary private businesses. Most people understand that the...
Tags: Google, Facebook, Twitter, Law, Youtube, Censorship, America, Free Speech, Sundar Pichai, Zuckerberg, Trump, Facebook Twitter, Fred Hiatt, Ann Althouse, Mark Zuckerberg Jack Dorsey, Trump the ex-President

Guest Post: How Santa Clara Law Graduates Students with a ‘Tech Edge’

Editor’s note: The first cohort just graduated from Santa Clara University School of Law’s innovative Tech Edge J.D. program, which combines legal, business, and technology education with hands-on skills development and individualized mentorship, all while leveraging the school’s Silicon Valley location. In this guest post, Laura Lee Norris, director of the program, and Mark Michels, lecturer in law, describe the program and how it prepares students for careers as tech lawyers in Silicon Valley....
Tags: Google, Facebook, Law, Uncategorized, United States, Silicon Valley, Santa Clara, Goldman, Reed Smith, Southern California, Norris, Santa Clara University, Eric Goldman, Cooley LLP, Patent and Trademark Office, Santa Clara Law

Today’s Legaltech Week Live Roundtable: Here’s What’s On Tap

The Friday Legaltech Week live journalists’ roundtable is back today at 3 p.m. E.T., when a panel of journalists and bloggers discuss the top stories in legal technology and innovation. Having been off last week, we’ll have two weeks to catch up on. Attendance is free, but you need to register, which you can do here. Here are some of the stories we’re planning to discuss, with others still to be determined: Another spate of acquisitions in the law practice management market, including by MyCase ...
Tags: Facebook, Law, Uncategorized, LexisNexis, Nicole Black, MyCase, Zach Warren, Caroline Hill, ABA Journal Joe Patrice, Victoria Hudgins, ABA Journal Molly McDonough, Legaltech News Victor Li, Legaltech News Hope, MyCase Stephen Embry, YouTube Featured, George Bakos

"The person that shot Ashli Babbitt — boom, right through the head. Just, boom. There was no reason for that. And why isn’t that person being opened up, and why isn’t that being studied?"

"They’ve already written it off. They said that case is closed. If that were the opposite, that case would be going on for years and years, and it would not be pretty.... Nobody knows who that man [was]... If that were the opposite way, that man would be all over. He would be the most well-known — and I believe I can say ‘man,’ because I believe I know exactly who it is — but he would be the most well-known person in this country, in the world." Said Donald Trump, quoted in "Trump says ‘there w...
Tags: Facebook, Twitter, Law, Censorship, Donald Trump, Trump, Capitol, Bedminster, Ann Althouse, WaPo Trump, Trump the ex-President, Ashli Babbitt, the Trump resistance

Camp Pendleton Marine on quest to get Afghan interpreter to U.S.

As a platoon squad leader in an area of Afghanistan known as a hotbed for Taliban fighters and drug traffickers, Tom Schueman was always positioned at the point of danger. And next to him in each mission, he said, was his Afghan interpreter, Zak. Zak, whose full name isn’t being used to protect his identity for safety, was then a 20-year-old school teacher who believed in a Taliban-free Afghanistan and had a thirst for adventure. His services were critical in assisting and protecting not only to...
Tags: Facebook, Isis, Texas, News, Nbc, Congress, White House, Virginia, Iraq, US, Los Angeles, Sport, Turkey, UPS, Afghanistan, Marine

Darkhorse Battalion Marine on quest to get Afghan interpreter to U.S.

As a platoon squad leader in an area of Afghanistan known as a hotbed for Taliban fighters and drug traffickers, Tom Schueman was always positioned at the point of danger. And next to him in each mission, he said, was his Afghan interpreter, Zak. Zak, whose full name isn’t being used to protect his identity for safety, was then a 20-year-old school teacher who believed in a Taliban-free Afghanistan and had a thirst for adventure. His services were critical in assisting and protecting not only to...
Tags: Facebook, Isis, Texas, News, Nbc, Congress, White House, Virginia, Iraq, US, Los Angeles, Sport, Turkey, UPS, Afghanistan, Marine

Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s Health Defense v. Facebook

RFK Sr. was beloved and well-regarded. He had the Kennedy magic and benefited from the Camelot fairy tale. His son, on the other hand…well…. Robert F. Kennedy Jr. founded and runs the Children’s Health Defense (CHD). CHD is an “advocate for complete candor as to the risks of environmental toxins, vaccines, 5G and wireless networks, and the conflicts of interest that have compromised government oversight of those products and services.” Some might consider it an anti-vax organization or conspirac...
Tags: Google, Facebook, Mark Zuckerberg, Law, Cdc, Youtube, Marketing, Linkedin, Icann, State Department, Johnson, DOE, Kennedy, Alphabet, Zuckerberg, Wilson

Facebook's warnings that you may have been exposed to extremism — pleasantly helpful, obtusely creepy, or forebodingly dangerous?

Facebook is following the playbook of Mao’s Cultural Revolution. From K-12 to social media, we now have snitch squads being created, turning people against each other and creating the platforms to turn each other in as “extremists.”— Asra Q. Nomani (@AsraNomani) July 1, 2021 [Author: [email protected] (Ann Althouse)]
Tags: Facebook, Law, Warnings, Mao, Ann Althouse

"There was a long time — who knows when it ended? — when, if you were a woman and you parted your hair on the side, someone would say you look like Veronica Lake."

"Side part *meant* Veronica Lake" — I write over at Facebook, where my son John — a propos of his "101 Years of Movies" blog — posts a lovely photograph of Veronica Lake (from "Sullivan's Travels," his second favorite movies of 1941).John responds: A scene in Billy Wilder’s breakthrough movie, “The Major and the Minor” (1942), starring Ginger Rogers, pokes fun at Lake’s famous hairdo: “There’s an epidemic in our school…. They all think they’re Veronica Lake.” Amazing! Look:  To quote myself aga...
Tags: Facebook, Law, John, Lake, Hairstyles, Billy Wilder, Bangs, Veronica Lake, Sullivan, Ginger Rogers, Jaltcoh, Ann Althouse, Young Althouse

"In a stunning setback to regulators’ efforts to break up Facebook, a federal judge on Monday threw out antitrust lawsuits brought against the company..."

"... by the Federal Trade Commission and more than 40 states. The judge eviscerated one of the federal government’s core arguments, that Facebook holds a monopoly over social networking, saying prosecutors had failed to provide enough facts to back up that claim. And he said the states had waited too long to bring their case, which centers on deals made in 2012 and 2014. The judge said the F.T.C. could try again within 30 days with more detail, but he suggested that the agency faced steep chal...
Tags: Facebook, Law, Antitrust, Federal Trade Commission, Ann Althouse

Morning Docket: 06.29.21

* Antitrust litigation against Facebook has been dismissed. Maybe the court thought that MySpace was a viable competitor... [Wall Street Journal] * Be sure to check out the Anti-Defamation League's annual Supreme Court review. [ADL] * A South Carolina lawyer has been suspended from practice for incendiary Facebook posts he made about George Floyd. [New York Post] * A Trump attorney claimed yesterday that the Manhattan DA is investigating the Trump Organization for charges relating to compan...
Tags: Facebook, New York Post, Texas, Supreme Court, Law, Manhattan, South Carolina, Myspace, Juul, Trump, ADL, Trump Organization, Manhattan DA, Morning Docket, George Floyd

Yet Another Court Says Facebook Isn’t a State Actor–Brock v. Zuckerberg

Facebook allegedly “censored” the plaintiff “at least 30 times.” Facebook flagged his content as spam, hate speech, abusive, and “partly false.” He sued Facebook for violating the First, Fifth, Sixth, and Fourteenth Amendments. He also claims Facebook “violated Plaintiff’s ‘right to free speech’ by allowing the “Facebook Oversight Board,” which he presumes is responsible for ensuring user compliance with Facebook’s Community Standards, to ‘censor’ his content.” [Note: this is the first, but sure...
Tags: Google, Facebook, Law, Youtube, Linkedin, Icann, Johnson, Alphabet, Zuckerberg, Wilson, Perez, Marsh, Lewis, Brock, Cohen, Jayne

31 Bogus Passages from Florida’s Defense of Its Censorship Law–NetChoice v. Moody

Florida filed its opposition brief to the NetChoice/CCIA request to preliminarily enjoin SB 7072, the Florida censorship law. This post critiques some of the brief’s worst parts. As I’ve said before, writing blog posts like this isn’t fun for me. Instead, I get agitated reading statements where the drafters either are misrepresenting the law’s scope or don’t understand what the law actually says and does. Some readers might enjoy my snarky rejoinders, but don’t let the superficial atmospherics ...
Tags: Google, Facebook, Florida, Fcc, Supreme Court, Microsoft, Yahoo, Law, Congress, Wikipedia, Court, US, Aclu, Bird, Bing, Reno

A Taxonomy of Judicial Technological Competence

Earlier this month, the Canadian Judicial Council published updated ethics guidance for federally appointed judges. The new Ethical Principles for Judges substantially revises a 1998 document of the same name. Among the revisions is a caution that judges must be technologically competent. The section addressing judicial diligence and competence includes the following statement: 3.C.5 Judges should develop and maintain proficiency with technology relevant to the nature and performance of their ju...
Tags: Facebook, New York, Law, Canada, United States, Wisconsin, Legal Ethics, LexisNexis, Ontario, Bob Ambrogi, CJC, Canadian Judicial Council, Law Commission of Ontario, American Bar Association House of Delegates, Jena McGill, National Centre for State Courts

Notable education efforts prior to sentencing of minor participant in Capitol riot (who seems likely to get probation)

, headlined "Indiana woman to plead guilty in Capitol riot wrote reports on 'Schindler's List,' more," provides the interesting backstory leading up the scheduled sentencing of one person prosecuted for involvement in the Capitol riot on January 6. Here are some details: A Bloomfield woman will plead guilty this week for her role in the U.S. Capitol riot after appealing to the court that she has learned from her participation from movies and books such as "Schindler's List" and "Just Mercy."  ...
Tags: Facebook, Law, Indiana, Fbi, Capitol, HuffPost, Schindler, Hoosiers, Bloomfield, Copeland, U S Capitol, Shaner, Morgan Lloyd, Douglas A Berman, Channing Phillips, Second Capitol

Determining Judicial Ethical Conduct: Not So Straightforward? Part I

INTRODUCTION Time was the community or advocacy activity of lawyers with judicial aspirations centred around fundraising and other activities related to participation in our major political parties. Eventually, some of these lawyers found themselves rewarded with a judicial appointment. They cut their ties, as far as anyone knew, with their favoured party. It was not difficult to end their pre-judicial activity and remove themselves from community involvement. More recently, however, with the ne...
Tags: Facebook, Law, Toronto, Canada, Coalition, Tetley, Ethics Committee, Black, Ontario, Parliament Hill, Board, Trudeau, Roberts, Governance Committee, Queen s University, McLeod

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