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Morning Docket: 08.02.21

* Seven people hold $1 trillion in wealth, all tech lords. Biden, where's that trust bustin’! [The Guardian] * "When there are 203": Democrats push for a couple hundred more judges. [Law 360] * Senate births a trillion dollar baby! Maybe now my roads can get fixed. [NPR] * Trouble coming up with a way to balance current bottom dollar and caring about future generations? Its taxing, really. [Delaware Online] * You know its hard out here for a mom: Lawyering and Mom-ing ain't easy. [ABA Journa...
Tags: Google, Facebook, Law, Senate, Uncategorized, Infrastructure, Biden, Carbon Tax, ABA Journal, Morning Docket, Delaware Online

Announcing the 2021 Edition of My Internet Law Casebook

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. [The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] For my thoughts about self-publishing an ebook casebook, see this article. If you’re an academic and would like a free evaluation ...
Tags: Google, Amazon, Florida, General, Law, California, Ebay, US, Icann, Aclu, Aol, Vimeo, Brazil, Gumroad, CSC, Ticketmaster

Former Pinterest whistleblower Ifeoma Ozoma talks about why confidentiality agreements harm tech workers

Ifeoma Ozoma Adria Malcolm Former Pinterest employee Ifeoma Ozoma has become a leading face in the effort to prevent nondisclosure and non-disparagement agreements from silencing workers from discussing instance of workplace misconduct, such as harassment and discrimination. After Ozoma went public last year with allegations of racism and discrimination that she said she experienced at Pinterest, she has repeatedly broken her own NDA by speaking about her experience. Ozoma sat down for a Q&...
Tags: Apple, Google, Startups, New York, Enterprise, Media, Pinterest, Law, California, Senate, Trends, Silicon Valley, Whistleblower, Expensify, David Barrett, San Francisco CA

Austin PD teaches cadets US Constitution using material from John-Birch-Society shill

Your correspondent appears to have lost the capacity for surprise or outrage, or this might affect me more. Instead, it mostly makes me feel exhausted and sad to learn that cadets at the Austin police academy are taught a version of constitutional history based on an oft-debunked historical account of America's origins as a Christian Nation, written by a former John-Birch-Society Speakers Bureau member recruited by JBS founder Robert Welch himself. After his death, right-wing talk-show host Glen...
Tags: Google, Law, Glenn Beck, America, Austin, Apd, Tea Party, City Hall, Abbott, Austin City Council, John Birch Society, Manley, Bircher, Texas Legislature, Chacon, JBS

Interview About Section 230 and COVID Misinformation

[I did another interview with Mathew Ingram at Galley by CJR] Ingram: Eric, thanks very much for doing this. I know we’ve discussed Section 230 before on Galley, so I don’t want to go over old ground, but is there anything about the current situation that is different or has changed your view on Section 230 and its benefits or disadvantages? Does the proposed Klobuchar bill have any merit do you think? Goldman: Thanks for having me again. The Section 230 landscape remains about the same as 2020...
Tags: Google, Facebook, Florida, Law, Fox News, Donald Trump, Goldman, Trump, Eric, HHS, Klobuchar, Ingram, Galley, Mathew Ingram, Lujan, Content Regulation

The Geek in Review Ep. 126 – Leigh Vickery on Creating Top-Shelf Customer Experience in Legal

In an industry focused on revenue and profit, where does something like customer experience stand in the priorities of legal providers? Leigh Vickery, Chief Strategy and Innovation Officer at Level Legal, as well as CEO and founder of Queso Mama, says that we need to look at the corporate and legal industry world differently. Instead of putting shareholders and partners first, they need to fall much further down the list. If you take care of your employees and your customers first, there will st...
Tags: Apple, Google, Amazon, Utah, Podcast, New York, Texas, Microsoft, Law, Wikipedia, New York City, Uncategorized, David Letterman, Customer Service, Chicago, Creativity

Clio Acquires CalendarRules, Product that Automates Calendaring of Court Deadlines

Law practice management company Clio has acquired the automated court-calendaring company CalendarRules, Clio’s first acquisition since becoming the first law practice management company to achieve unicorn status earlier this year and its second acquisition ever. “This acquisition is an important one as we continue to help law firms navigate a changing legal landscape,” cofounder and CEO Jack Newton said in an email yesterday. “There has been a massive increase in the adoption of cloud-based sol...
Tags: Google, Microsoft, Law, Uncategorized, Clio, Newton, Scott Davis, Jack Newton, Open Text, CalendarRules Clio

Advancing Our Thinking On Low-End Friction

“They’re so busy that our practitioners need to realize not a 10% improvement but a 10x improvement in productivity before they will take the time to investigate, let alone implement and incorporate, a new tool” is an observation the always astute Kyle Dumont of Morgan Lewis made to me the other day. Kyle’s insight reminded me of one of Jason Barnwell’s most quotable lines, “If capacity must increase by 10x, our current approach breaks, as the option of a 10x increase in hiring is simply off the...
Tags: Google, Microsoft, Law, Time, Uncategorized, Noah, United States, Rob, Epa, Alex, Intuit, Jason, Alex Hamilton, Bruce Macewen, Bruce, Kyle

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

"Death Penalty Exceptionalism and Administrative Law"

The title of this post is the title of this notable new paper authored by Corinna Lain now available via SSRN.  Here is its abstract: Prosecutors ask for death sentences, and judges and juries impose them, but the people who actually carry out those sentences are corrections department officials — administrative agency personnel. In this symposium contribution, I explore a little known nook of administrative law, examining how administrative law norms work in the execution setting of lethal inj...
Tags: Google, Law, Douglas A Berman, Corinna Lain

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). lululemon is the well-known yoga gear company. In 2008, it launched its successful “Align” yoga mat line. In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. Aliign sued lululemon for trademark infringement. lululemon sought summary judgment. I’ll concentrate ...
Tags: Google, Amazon, Florida, Law, California, Marketing, Search Engines, Trademark, BPI, Ftc, Newman, Florida Bar, Greenberg, Ninth Circuit, Larson, Larsen

Conservative’s Lawsuit Over Google Deindexing Fails–DJ Lincoln v. Google

This is yet another #MAGA lawsuit. The plaintiff claimed that Google deindexed conservatives in a biased way. This particular plaintiff chose perhaps the least likely path to advance that claim, emphasizing RICO claims. As we all know, it’s never civil RICO, so this lawsuit had all of the signature elements of a mockably doomed lawsuit. We have arrived at the inevitable destination. RICO. The plaintiff claimed Google coordinated its deindexing crusade against conservatives with some of its outs...
Tags: Google, Florida, Law, Search Engines, Lincoln, Fla, Content Regulation, Maga, Google LLC, Steven Biss, DJ Lincoln Enterprises Inc

Android has won the phone world war

When Android was launched soon after Apple's own iPhone, Steve Jobs threatened to "destroy" it.Ever since, and across the world, the rivalry between both systems has animated users.Now the results are in: worldwide, consumers clearly prefer one side — and it's not Steve Jobs'. A woman on her phone in Havana, Cuba. Mobile phones have become ubiquitous the world over — and so has the divide between Android and iPhone users.Credit: Yamil Lage / AFP via G...
Tags: Apple, Google, South Korea, Europe, Maps, Texas, California, Steve Jobs, Mexico, Saudi Arabia, China, India, Africa, Society, Iran, Canada

A Progress Report on Licensing Copyright Against Itself

In my coverage of intellectual property issues in scholarly publishing, I have made passing reference in this column to my work with the Public Knowledge Project (PKP). It represents my more practical and applied efforts to address the intellectual property issues that trouble scholarly publishing. From this perspective, what PKP has been doing for more than two decades now is to test various ways in which copyright can better serve research and scholarship. This turns out to be largely about re...
Tags: Google, Law, Indonesia, United States, Brazil, Latin America, Eastern Europe, Janeway, Legal Publishing, PKP, IBM Tesla, Michael Mabe, Ambra, Public Knowledge Project PKP, GNU General Public License, Saurabh Khanna

Google Is Subject to PIPEDA in Canada

The Internet, it is proverbially thought, lives forever. That is, until jurisdictions around the world started to develop the “right to be forgotten.” In 2017, a complaint was made to the Privacy Commissioner of Canada that Google violates the Personal Information Protection and Electronic Documents Act (PIPEDA), by displaying links to news articles with personal and sensitive information about him. This wasn’t the first privacy complaint that the Commissioner faced about Google, which previousl...
Tags: Google, Law, Court, Canada, United States, Parliament, Newton, Federal Court, PIPEDA, Lavigne, Substantive Law: Judicial Decisions, Crookes, Alberta Information and Privacy Commissioner, LaChance, United Food and Commercial Workers Local, Clearview AI Inc

Clio Grow Grows: Now Available In Europe, Middle East and Africa

Clio Grow is growing its global market. Legal practice management company Clio last week said that Clio Grow, its client intake and client relationship management product, previously available only to customers in the United States and Canada, is now available in Europe, the Middle East and Africa. “The introduction of Clio Grow to all major markets reaffirms our commitment to ensuring that legal professionals around the world are equipped with the tools they need to be both cloud-based and clie...
Tags: Google, Europe, Law, Africa, Uncategorized, Canada, United States, Ireland, Middle East, Clio, U K, Europe Middle East, Lexicata, Colin Bohanna Clio

Legal Ops Pioneer Mary Shen O’Carroll On Moving From Google To Ironclad

Mary Shen O’Carroll helped pioneer the field of legal operations during her 13 years as director of operations, technology and strategy at Google. She was also instrumental in forming the influential organization CLOC – the Corporate Legal Operations Consortium – and was elected its president in 2019.  In April, she walked away from both of those roles, leaving Google and stepping down as CLOC president, to join the contract lifecycle management company Ironclad as chief community officer,...
Tags: Google, Law, Ironclad, Bob Ambrogi, O'Carroll, CLOC, Corporate Legal Operations Consortium, Jason Boehmig, LawNext, Mary Shen O'Carroll, LawNext O'Carroll

We’ve switched our email subscription service

For those of you who receive daily updates of all articles posted on SCOTUSblog in your inbox, you might have noticed that the emails look a little different recently. That’s because we’ve switched the online platform we use to send the emails. The change shouldn’t cause any disruptions in service for existing subscribers, and it brings with it greater customizability. For years, we sent out our daily updates via Feedburner. But Google has announced that it will be shutting down email subscript...
Tags: Google, Featured, Law, Everything Else

Let's read the full text of Trump's CPAC speech.

Here's the transcript of yesterday's speech. I'll just give you some highlights — things that jumped out at me as I read it, seeing things for the first time (that is, I didn't watch the speech):For generations, the American conservative union has helped lead the charge to defend our values, protect our country, and preserve our glorious American heritage. You see they’re taking our heritage away.... In a matter of mere months, Joe Biden has brought our country to the brink of ruin.... Now the B...
Tags: Google, Mark Zuckerberg, Law, Senate, White House, China, Russia, New York City, America, Joe Biden, House, Silicon Valley, Republican Party, Biden, Trump, Facebook Twitter

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

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

"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

The Worst Charlatans of the Covid-19 Pandemic

For some people, crisis is an opportunity. More specifically, an opportunity to blow up their own profile by preying on people’s fears, making baseless claims, grabbing resources intended for others, and being generally dishonest, disingenuous, or greedy.Read more...
Tags: Google, Science, Medicine, Nbc News, Society, Alternative Medicine, Pseudoscience, John F Kennedy, Pfizer, Donald Trump, Anthony Fauci, Vanity Fair, Chris, Misinformation, Tucker Carlson, Breitbart

Vice obtained one of the FBI honeypot cellphones that reeled in alleged crooks

ANOM was a black market cellphone platform sold to crooks with the promise of secret comms. Sadly for them, the software was made by the FBI, leading to many arrests. Since the chips were called in, the spooked Google Pixel 4s have been appearing online for sale and Vice bought one. — Read the rest
Tags: Google, Security, Post, News, Law, Fbi, Mistakes, Opsec, Stings, Anom

Morning Docket: 07.08.21

* "Are you serious? Right in the middle of discovery?" Gunmaker fluffs documents for Sandy Hook shooting with non-sequitur memes. [CtPost] * Failed the DC Bar? At least you aren't the only one who can't practice there. Tough break, Giuliani. [The Guardian] * Ex-President sues private companies under a "Freedom of Speech" claim in Florida. The Civil Procedure and First Amendment finals write themselves. [BBC] * Okay, break it up! Thirty-six states (and DC) set their sights on Google for antitr...
Tags: Google, Florida, Law, Washington Post, Police, Marijuana, Bbc, Antitrust, Freedom Of Speech, New Mexico, Dc, Giuliani, Sandy Hook, Rudy Giuliani, Trump, Morning Docket

1H 2021 Quick Links, Part 1 (IP)

Trademarks and Domain Names * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021):  “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” * RVC Floor Decor, Ltd. v. Floor and Decor Outlet...
Tags: Google, Twitter, New York, Law, Court, Search Engines, Copyright, Patents, Ibm, Domain Names, Trademark, Bell, John Deere, Dent, Stebbins, Plaintiffs

Comments on Arkansas’ “Online Marketplace Consumer Inform Act” (SB 470)

It’s hard to keep up with the tsunami of new Internet laws at the state level, and I had some difficulty finding the actual text of this law as passed (I couldn’t see it at the legislative website’s page for the bill–so odd). So, three months later, here’s my review of Arkansas’ “Online Marketplace Consumer Inform Act” (SB 470, codified at 4-119-101 to 4-119-105). What the Law Says The law regulates “online marketplaces” that “allow for, facilitate, or enable” third-party sellers to “engage in ...
Tags: Google, Amazon, Craigslist, Law, Congress, CSR, E-commerce, United States, Arkansas, Privacy/security, Afp, Content Regulation, Derivative Liability, Bonta

Healthcare data sharing: How to improve patient care in the future

Paul Johnson Contributor Share on Twitter Paul Johnson is the CEO and co-founder of Redirect Health, a company that makes healthcare work end to end using technology and a passion for care. More posts by this contributor Moore’s Law And The 30-Year Rule Far too often, we see medical mixups and even deaths caused by interoperability obstacles in our healthcare system. In these situations, patients in ...
Tags: Health, Google, TC, Lyft, Column, Opinion, Insurance, Tech, Healthcare, Medicare, Medicaid, Digital Health, Moore, HIPAA, Healthcare Technology, CPT

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

Juror Hit With 'Extreme' Fine After Googling Suspected White Supremacist Badge on ICE Officer's Uniform

Word of warning: A simple Google search in defiance of a judge’s order can result in huge fines, one juror learned that the hard way recently when he tried to alert his fellow jurists that an Immigration and Customs Enforcement officer involved in an assault case may actually a white supremacist.Read more...
Tags: Google, Science, Law, Government, Jury, Articles, Joe Biden, Contempt Of Court, Alison Frankel, Customs Enforcement, John Browning, Ruiz, Quesada, Spencer Fane, Robert Kugler, Law Crime

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