Alex Harris writes: Up until I began doing my reading for this fall’s Criminal Procedure: Investigation course, I largely bought the heroic Warren Court story of privacy and the Fourth Amendment. The story is simple: The Supreme Court, concerned only with helping businesses through decisions like Lochner, had left people unprotected from warrantless searches and seizures. In decisions like Olmstead v….
Category: Court
BitTorrent John Does Catch a Break as Judge Reignites Jurisdiction Issue
Thomas Mennecke reports: Every single US Copyright lawsuit against nearly 19,000 John Does has been filed in Washington DC. Discovery has been granted in every case, which means the identification process against many of these individuals is taking place as you read this article. Before the USCG can obtain the identifiable information associated with the…
Federal Suit Tests Online Griper’s Right to Use Target’s Name in Web Address
Mary Pat Gallagher writes: A lawsuit filed Tuesday in Trenton, N.J., might provide the chance for the local federal courts to address how far free speech rights go when an online critic uses a trademarked name as the address for a “gripe site.” Dominic Morgan, the plaintiff in Morgan v. Nevyas, 10-cv-4552, seeks a declaratory judgment…
New Jersey Supreme Court to Hear Arguments in Expungement Case
From EPIC.org: The New Jersey Supreme Court will hear oral arguments on September 14, 2010 in the case of G.D. v. Kenny. In G.D. v. Kenny a lower court dismissed a privacy claim involving publication of information about a prior criminal act, even though the state had issued an expungement order. EPIC has filed a “friend of the…