Rating sites like ratemyprofessor.com are big business in the US and beginning to invade the EU. But do they invade the privacy of those rated, and should the law encourage or restrict them?
A presentation about the fact that IT is not just a tool and that technology isn't neutral and how this relates to digital civil rights. This was a guest lecture at the university of Leiden on October 20th, 2011.
Overview of opendata politics in the UK and how to build your own data store for no money with no coding in no time. final slide details steps to DIY data store
Log In, Blog To, Log Out - And Don't Get Sued!improbulus
Slides for talk for Own-It on legal risks for bloggers and Web 2.0 sites, and how to protect yourself. On 23 Jan 2008 by Robert Lands, Head of IP & Media, Finers Stephen Innocent. Full write up at http://www.consumingexperience.com/2008/01/uk-blogs-boards-web-20-sites-how-to-not.html
Delware Court Sanctions Kramer Levin, the ABA Journal Reports Frank411
The American Bar Association Journal reports that the conduct of two Kramer Levin Partners, one defending the other in deposition, draws Sanctions for both Kramer Levin and the defending Partner Philip Kaufman. Philip Kaufman's intentional obstruction is said to have obscured fellow Partner, Ronald Greenberg's key role in a scheme by Kramer Levin to fabricate the evidence required to bring about the dissolution of highly profitable and fast growing global corporation, TransPerfect. TransPerfect has offices in over 90 cities, operates in over 30, and has over 3500 employees globally.
International Business Information Resources 2007Jane Macoustra
The document discusses different sources and methods for conducting international business research online. It covers differences between sources, barriers to locating information, issues of censorship and translation, evaluating source reliability, and communication tools. The key points are that knowledge of various source types is important for good research, sources may provide similar data through different means, and effective research requires considering issues like censorship and spending money on specialized databases.
Law and sausages: how Not to Legislate for the Digital economy. A round up of issues around the notorious Digital economy Bill (now Act) and some thoughts on its lasting legacy of e-democracy and social media participation.
The document discusses issues around data protection and privacy in a world of global data sharing, particularly in the context of scientific research. It outlines challenges like determining data ownership and control when data is shared globally online. It also summarizes key concepts and principles from the European Union's data protection directive, including rules around transferring personal data outside of the EU. Potential solutions discussed include revising the EU directive to better accommodate open data and scientific research.
A presentation about the fact that IT is not just a tool and that technology isn't neutral and how this relates to digital civil rights. This was a guest lecture at the university of Leiden on October 20th, 2011.
Overview of opendata politics in the UK and how to build your own data store for no money with no coding in no time. final slide details steps to DIY data store
Log In, Blog To, Log Out - And Don't Get Sued!improbulus
Slides for talk for Own-It on legal risks for bloggers and Web 2.0 sites, and how to protect yourself. On 23 Jan 2008 by Robert Lands, Head of IP & Media, Finers Stephen Innocent. Full write up at http://www.consumingexperience.com/2008/01/uk-blogs-boards-web-20-sites-how-to-not.html
Delware Court Sanctions Kramer Levin, the ABA Journal Reports Frank411
The American Bar Association Journal reports that the conduct of two Kramer Levin Partners, one defending the other in deposition, draws Sanctions for both Kramer Levin and the defending Partner Philip Kaufman. Philip Kaufman's intentional obstruction is said to have obscured fellow Partner, Ronald Greenberg's key role in a scheme by Kramer Levin to fabricate the evidence required to bring about the dissolution of highly profitable and fast growing global corporation, TransPerfect. TransPerfect has offices in over 90 cities, operates in over 30, and has over 3500 employees globally.
International Business Information Resources 2007Jane Macoustra
The document discusses different sources and methods for conducting international business research online. It covers differences between sources, barriers to locating information, issues of censorship and translation, evaluating source reliability, and communication tools. The key points are that knowledge of various source types is important for good research, sources may provide similar data through different means, and effective research requires considering issues like censorship and spending money on specialized databases.
Law and sausages: how Not to Legislate for the Digital economy. A round up of issues around the notorious Digital economy Bill (now Act) and some thoughts on its lasting legacy of e-democracy and social media participation.
The document discusses issues around data protection and privacy in a world of global data sharing, particularly in the context of scientific research. It outlines challenges like determining data ownership and control when data is shared globally online. It also summarizes key concepts and principles from the European Union's data protection directive, including rules around transferring personal data outside of the EU. Potential solutions discussed include revising the EU directive to better accommodate open data and scientific research.
Increasing use of robots in domestic and care situations - eg in hospital, to help the aged at home, etc - combined with the likelihood that robots may surveille and record both the humans they aid and the general environment - leads to a need to think about the privacy implications of use of robots as carers or caring aids.
The document discusses the policy issues around holding internet service providers (ISPs) liable for content on the internet before 2000. Two models emerged - the EC Directive on Electronic Commerce 2002 which exempted ISPs from liability, and the US Digital Millennium Copyright Act which gave immunity for copyright issues. Both divided liability based on the function of mere conduit, caching, and hosting, with limited liability and a "notice and take down" system for hosted content. Now states want ISPs to play a more active role through filtering and monitoring for issues like copyright, child pornography, and malware, which raises human rights concerns around censorship, privacy, and scope creep.
The document discusses several open issues around what happens to a person's digital assets (DAs) like social media accounts, emails, online game characters, etc. after they die. It notes there is currently no consistent approach, with most platforms retaining full control. It raises questions about balancing the economic and sentimental interests of heirs with the deceased's privacy and whether DAs should be treated differently than physical assets after death. The document advocates for more harmonized international rules regarding inheritance and access to DAs.
Talk for the British library on how digital cultural heritage is increasingly created in prporietary "walled gardens" like Facebook , Second Life or Gmail. What effect will this have for future archivists or scholars?
Social media, surveillance and censorshiplilianedwards
Talk delivered at European University Florence, March 2012. Did the Aran spring really prove that social media enables the flowering of democracy or are social media in fact easy venues for blanket state surveillance? Can they be arenas for free speech when platforms likeTwitter are refining their censorship policies to avoid legal risk?
The document summarizes various legal issues that can arise from social media use including defamation, privacy, copyright, and trademarks. It discusses the elements of defamation claims and available defenses. It also outlines principles around misuse of private information, balancing privacy rights with freedom of expression. The document then discusses copyright basics and infringement issues as well as an overview of trademark law. It concludes by addressing specific online legal issues like takedown notices, territorial jurisdiction concerns, and strategies for responding to takedown requests.
Social Media Marketing 03 24 2010 Non Ladas (Review Only)Matthew Asbell
This document summarizes key legal considerations for using social media for marketing as an attorney or law firm. It discusses intellectual property issues like trademark infringement and keyword usage. It also examines risks like violating attorney conduct rules regarding client confidentiality, solicitation, conflicts of interest and more. Best practices include having clear social media policies, disclaimers, and avoiding formation of attorney-client relationships online without a written engagement.
March 5, 2013 Webinar - ISP Liability in Europe and in the USCobaltSophie
This document discusses developments in Europe and the US regarding ISP liability for copyright and trademark infringement by third parties. It provides an overview of:
1) The key regulations governing online service provider (OSP) liability in the EU and US, including the DMCA and EU E-Commerce Directive, which establish similar frameworks of limited liability for OSPs.
2) How US and EU courts have interpreted these frameworks differently, with the EU taking a broader view of concepts like knowledge standard and response obligations.
3) Best practices for rightsholders and platforms to address this globally, including considering the broader EU standards given its role as a common market.
The power point presentation of the lecture held by Professor Giovanni Maria Riccio on "Social Networks and Civil Liability" at the International Summer School on Cyber Law which took place in Moscow June 30 - July 4, 2014.
Managing the Risks of User-Generated Content Maanit Zemel
This presentation provides an overview of the legal and reputation risks that website operators and intermediaries face when hosting User-Generated Content (UGC) in Canada and the U.S.
The document discusses the evolution of intermediary liability law over three waves from the 1990s to the present. Current law is experiencing an identity crisis with conflicting rules and minimal practical guidance. The first wave established broad immunity under the US Communications Decency Act but a notice-and-takedown regime in the EU. The second wave sought nuance through national case law and rights-based discussions. The third wave saw a collapse into fragmented, fact-specific analyses in different legal areas like copyright and defamation. Back-to-basics approaches aim to clarify definitions and notice obligations through horizontal frameworks. Key issues involve balancing regulation, governance, and intermediaries' neutral roles.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
Linking Data: The Legal Implications - SemTech2010mleyden
To date most of the focus on the Semantic Web has, quite rightly, been focused on the enabling technologies. However, as the technologies are becoming more mainstream, and as ever increasing volumes of Linked Data is produced, the implications of linking this data becomes more of an issue. This presentation highlights some of the current thinking as to the possible legal implications of linking data while discussing some solutions that are emerging.
You Tweeted WHAT?!: Legal Risks of Social MediaSMB Seattle
What liabilities do companies face when using social media platforms?
Kraig Baker, Chair of the Technology, e-Business and Digital Media Practice at Davis Wright Tremaine LLP delivers an enlightening and timely discussion to SMB Seattle about legal issues surrounding the corporate use of social media.
The document summarizes several topics in trademark and copyright law from a legal conference, including:
1) Updates to federal and state trademark registration processes and hot topics in trademark litigation.
2) Recent copyright cases on issues like orphan works, public display of copyrighted broadcasts, and performance royalties for artists.
3) A summary of the Perfect 10 v. Google case regarding search engines and copyright infringement.
This document discusses the uncharted legal issues surrounding social media and provides guidance on how to navigate related legal risks. It notes that while there is no comprehensive "law of social media," traditional common law and statutory principles are being adapted to new media. Some of the major legal topics covered include intellectual property issues around user-generated content, how social media impacts employment law and privacy, and the regulatory compliance concerns for different industries. The document advocates for clear social media policies, transparency, employee training, and a proactive approach to managing legal risks on social platforms.
Online trademark infringement and the liability of intermediariesIshan Gupta
This document discusses online trademark infringement and the liability of intermediaries. It begins by providing background on the large scale of counterfeit goods sold online and how trademarks represent brand identity. The objective is to study standards across jurisdictions regarding online trademark infringement and compare to laws in India. It then examines concepts like secondary liability and how different regions like the US and EU approach holding intermediaries liable for infringement through their platforms. The document concludes by discussing the pros and cons of intermediary liability and need for balance and international standards.
Online trademark infringement and the liability of intermediariesIshan Gupta
This document discusses online trademark infringement and the liability of intermediaries. It begins by providing background on the scale of counterfeit goods sold online and how globalization through the internet has caused issues. It then examines standards in different jurisdictions regarding intermediary liability for trademark infringement and compares them to laws in India. The document analyzes theories of secondary liability and how courts in the US, EU, Germany and India have addressed holding intermediaries liable. It discusses the pros and cons of intermediary liability and concludes more international standards are needed to balance trademark owner and intermediary interests given conflicts between national laws.
This summarises my full report on the role and responsibilities of online intermediaries re copyright infringement, June 2011. The conclusion is that the rush to graduated response solutions is premature given their drawbacks and that legal attention should first go to creating better legal frameworks for facilitating legal online content delivery.
[1] Criminal and regulatory laws have varying territorial reach depending on factors like location of users, activity type, and targeted locations.
[2] Civil liability also has cross-border implications regarding applicable substantive laws, adjudicative jurisdiction of courts, and choice of applicable law depending on concepts like territoriality of laws and targeting.
[3] Investigatory powers of law enforcement investigating online crimes have unclear territorial scope, raising issues around direct orders to disclose data versus mutual legal assistance treaties. Comity between jurisdictions is an important consideration.
Social Media Law - Marketing Executives Networking Group (MENG)Shawn Tuma
This presentation was made to Marketing Executives Networking Group (MENG) - Dallas on November 9, 2012.
The presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Increasing use of robots in domestic and care situations - eg in hospital, to help the aged at home, etc - combined with the likelihood that robots may surveille and record both the humans they aid and the general environment - leads to a need to think about the privacy implications of use of robots as carers or caring aids.
The document discusses the policy issues around holding internet service providers (ISPs) liable for content on the internet before 2000. Two models emerged - the EC Directive on Electronic Commerce 2002 which exempted ISPs from liability, and the US Digital Millennium Copyright Act which gave immunity for copyright issues. Both divided liability based on the function of mere conduit, caching, and hosting, with limited liability and a "notice and take down" system for hosted content. Now states want ISPs to play a more active role through filtering and monitoring for issues like copyright, child pornography, and malware, which raises human rights concerns around censorship, privacy, and scope creep.
The document discusses several open issues around what happens to a person's digital assets (DAs) like social media accounts, emails, online game characters, etc. after they die. It notes there is currently no consistent approach, with most platforms retaining full control. It raises questions about balancing the economic and sentimental interests of heirs with the deceased's privacy and whether DAs should be treated differently than physical assets after death. The document advocates for more harmonized international rules regarding inheritance and access to DAs.
Talk for the British library on how digital cultural heritage is increasingly created in prporietary "walled gardens" like Facebook , Second Life or Gmail. What effect will this have for future archivists or scholars?
Social media, surveillance and censorshiplilianedwards
Talk delivered at European University Florence, March 2012. Did the Aran spring really prove that social media enables the flowering of democracy or are social media in fact easy venues for blanket state surveillance? Can they be arenas for free speech when platforms likeTwitter are refining their censorship policies to avoid legal risk?
The document summarizes various legal issues that can arise from social media use including defamation, privacy, copyright, and trademarks. It discusses the elements of defamation claims and available defenses. It also outlines principles around misuse of private information, balancing privacy rights with freedom of expression. The document then discusses copyright basics and infringement issues as well as an overview of trademark law. It concludes by addressing specific online legal issues like takedown notices, territorial jurisdiction concerns, and strategies for responding to takedown requests.
Social Media Marketing 03 24 2010 Non Ladas (Review Only)Matthew Asbell
This document summarizes key legal considerations for using social media for marketing as an attorney or law firm. It discusses intellectual property issues like trademark infringement and keyword usage. It also examines risks like violating attorney conduct rules regarding client confidentiality, solicitation, conflicts of interest and more. Best practices include having clear social media policies, disclaimers, and avoiding formation of attorney-client relationships online without a written engagement.
March 5, 2013 Webinar - ISP Liability in Europe and in the USCobaltSophie
This document discusses developments in Europe and the US regarding ISP liability for copyright and trademark infringement by third parties. It provides an overview of:
1) The key regulations governing online service provider (OSP) liability in the EU and US, including the DMCA and EU E-Commerce Directive, which establish similar frameworks of limited liability for OSPs.
2) How US and EU courts have interpreted these frameworks differently, with the EU taking a broader view of concepts like knowledge standard and response obligations.
3) Best practices for rightsholders and platforms to address this globally, including considering the broader EU standards given its role as a common market.
The power point presentation of the lecture held by Professor Giovanni Maria Riccio on "Social Networks and Civil Liability" at the International Summer School on Cyber Law which took place in Moscow June 30 - July 4, 2014.
Managing the Risks of User-Generated Content Maanit Zemel
This presentation provides an overview of the legal and reputation risks that website operators and intermediaries face when hosting User-Generated Content (UGC) in Canada and the U.S.
The document discusses the evolution of intermediary liability law over three waves from the 1990s to the present. Current law is experiencing an identity crisis with conflicting rules and minimal practical guidance. The first wave established broad immunity under the US Communications Decency Act but a notice-and-takedown regime in the EU. The second wave sought nuance through national case law and rights-based discussions. The third wave saw a collapse into fragmented, fact-specific analyses in different legal areas like copyright and defamation. Back-to-basics approaches aim to clarify definitions and notice obligations through horizontal frameworks. Key issues involve balancing regulation, governance, and intermediaries' neutral roles.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
Linking Data: The Legal Implications - SemTech2010mleyden
To date most of the focus on the Semantic Web has, quite rightly, been focused on the enabling technologies. However, as the technologies are becoming more mainstream, and as ever increasing volumes of Linked Data is produced, the implications of linking this data becomes more of an issue. This presentation highlights some of the current thinking as to the possible legal implications of linking data while discussing some solutions that are emerging.
You Tweeted WHAT?!: Legal Risks of Social MediaSMB Seattle
What liabilities do companies face when using social media platforms?
Kraig Baker, Chair of the Technology, e-Business and Digital Media Practice at Davis Wright Tremaine LLP delivers an enlightening and timely discussion to SMB Seattle about legal issues surrounding the corporate use of social media.
The document summarizes several topics in trademark and copyright law from a legal conference, including:
1) Updates to federal and state trademark registration processes and hot topics in trademark litigation.
2) Recent copyright cases on issues like orphan works, public display of copyrighted broadcasts, and performance royalties for artists.
3) A summary of the Perfect 10 v. Google case regarding search engines and copyright infringement.
This document discusses the uncharted legal issues surrounding social media and provides guidance on how to navigate related legal risks. It notes that while there is no comprehensive "law of social media," traditional common law and statutory principles are being adapted to new media. Some of the major legal topics covered include intellectual property issues around user-generated content, how social media impacts employment law and privacy, and the regulatory compliance concerns for different industries. The document advocates for clear social media policies, transparency, employee training, and a proactive approach to managing legal risks on social platforms.
Online trademark infringement and the liability of intermediariesIshan Gupta
This document discusses online trademark infringement and the liability of intermediaries. It begins by providing background on the large scale of counterfeit goods sold online and how trademarks represent brand identity. The objective is to study standards across jurisdictions regarding online trademark infringement and compare to laws in India. It then examines concepts like secondary liability and how different regions like the US and EU approach holding intermediaries liable for infringement through their platforms. The document concludes by discussing the pros and cons of intermediary liability and need for balance and international standards.
Online trademark infringement and the liability of intermediariesIshan Gupta
This document discusses online trademark infringement and the liability of intermediaries. It begins by providing background on the scale of counterfeit goods sold online and how globalization through the internet has caused issues. It then examines standards in different jurisdictions regarding intermediary liability for trademark infringement and compares them to laws in India. The document analyzes theories of secondary liability and how courts in the US, EU, Germany and India have addressed holding intermediaries liable. It discusses the pros and cons of intermediary liability and concludes more international standards are needed to balance trademark owner and intermediary interests given conflicts between national laws.
This summarises my full report on the role and responsibilities of online intermediaries re copyright infringement, June 2011. The conclusion is that the rush to graduated response solutions is premature given their drawbacks and that legal attention should first go to creating better legal frameworks for facilitating legal online content delivery.
[1] Criminal and regulatory laws have varying territorial reach depending on factors like location of users, activity type, and targeted locations.
[2] Civil liability also has cross-border implications regarding applicable substantive laws, adjudicative jurisdiction of courts, and choice of applicable law depending on concepts like territoriality of laws and targeting.
[3] Investigatory powers of law enforcement investigating online crimes have unclear territorial scope, raising issues around direct orders to disclose data versus mutual legal assistance treaties. Comity between jurisdictions is an important consideration.
Social Media Law - Marketing Executives Networking Group (MENG)Shawn Tuma
This presentation was made to Marketing Executives Networking Group (MENG) - Dallas on November 9, 2012.
The presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Disclosure, Exposure and the "Right to be Forgotten" After Google SpainDavid Erdos
*** N.B. For full working paper see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3505921 ***
This paper argues that Google’s essentially blanket and unsafeguarded dissemination to webmasters of URLs deindexed under the Google Spain judgment involves the disclosure of the claimant’s personal data, cannot be justified either on the purported basis of their consent or that this is legally required but instead seriously infringes European data protection standards. Disclosure of this data would only be compatible with the initially contextually sensitive context of collection where it was (i) reasonably necessary and explicitly limited to the purposes of checking the legality of the initial decision and/or bona fide research and (ii) was subject to effective safeguards that prevented any unauthorised repurposing or other use. Strict necessity thresholds would need to apply where disclosure involved special category data or was subject to reasoned objection by a data subject and international transfers would require appropriate safeguards as provided by the European Commission’s standard contractual clauses. Disclosing identifiable data on removals to end users would directly and fundamentally undermine a data subject’s rights and, therefore, ipso facto violate purpose limitation and legality, irrespective of a data subject claims rights in data protection, defamation or civil privacy. The public’s legitimate interests in receiving information on personal data removals should be secured through safeguarded scientific research that the search engines should facilitate and promote.
[Privacy Webinar Slides] Global Enforcement PrioritiesTrustArc
This document summarizes a webinar on global privacy enforcement priorities. It introduces the speakers and provides an overview of the Federal Trade Commission's (FTC) role in privacy enforcement in the United States. Specifically, it outlines the FTC's history, investigatory powers, approach to policy-setting cases, and highlights of recent cases that have affirmed the FTC's broad authority over privacy and data security issues. It also summarizes expanded enforcement powers provided to data protection authorities under the upcoming General Data Protection Regulation in the European Union, including increased fines of up to 20 million euros.
PELTON PowerPoint: ABA Cyberspace Institute 2011-01-28erikpelton
"Trademark Strategies for 2012" Presentation to the American Bar Association's Cyberspace Institute in Austin Texas on January 28, 2011. The presentation explores recent changes to the practice of trademark law, and what the future might hold for trademark owners and attorneys who advise them.
In the last several years, substantial data breaches or hacker attacks in the U.S. have shown no signs of abating. Neither have the class actions that typically follow in their wake. Bradley Arant discusses litigation trends in data breach class actions. The video will touch on evolving issues in these cases, including recent loosening of consumer standing requirements (in cases after the Supreme Court’s Clapper decision), class certification and other issues raised in the Target litigation. We will also provide an overview of recent settlements of data breach class actions and what they might mean for later cases. The webinar will address several issues pending before the Supreme Court this term that could have significant impact, including whether a statutory violation without other injury confers Article III standing, and the extent to which statistical evidence can be used to justify class certification.
1. LILIAN EDWARDS AND ANDREAS RÜHMKORF UNIVERSITY OF SHEFFIELD [email_address] [email_address] BILETA, VIENNA, MARCH 2010 Ratemylegalrisk.com ?: legal issues around online rating sites
Iwantgreatcare.org had libel threats but still seems to be up – williseemytutor.com was taken down. But it was actually drawn from public info! With site adding own’s errors and libels! So not really libel treats against UGC at all – But he acknowledged that the site was in its "testing phase" and admitted that it should contain more caveats about the data. The website makes clear that staff-to-student ratios supplied are for the university as a whole - not individual subjects - but it still offers damning judgments. A nationwide search of law departments, for example, places the universities of Edge Hill and Luton (which became Bedfordshire University at the beginning of this academic year) at the bottom of the pile. Students contemplating studying law at Bedfordshire are told: "This university is rated Shocking! as (sic) you should consider going somewhere else." And those considering law at Edge Hill are told: "This university is rated Rubbish as it looks like there is not a chance in hell of ever seeing your lecturers outside of lectures because they may be horrendously over allocated." Would an FB profile or reply be “literary”? I doubt it but more so than a rating site? Are any UGC sites “jnlistic”. Blog sites yes (Art 29 has agreed on this).
ratemyMD.com let me go in, rate a Sheffield UK GP I’d never see and displayed it – no registration, no email given , nothing!
We only noticed in UK no immunity under art 14 for DPD when trying to work out how Italy could hold Google/YT responsible for a video which invaded privacy of a Down’s syndrome boy. ! Roommates - Fair Housing Council of San Fernando Valley v. Roommates.com, LLC , 521 F.3d 1157 (9th Cir. 2008) ( en banc ). [18] The Ninth Circuit Court of Appeals rejected immunity for the Roommates.com roommate matching service for claims brought under the federal Fair Housing Act [19] and California housing discrimination laws [20] . The court concluded that the manner in which the service elicited information from users concerning their roommate preferences (by having dropdowns specifying gender, presence of children, and sexual orientation), and the manner in which it utilized that information in generating roommate matches (by eliminating profiles that did not match user specifications), the matching service created or developed the information claimed to violate the FHA, and thus was responsible for it as an "information content provider." The court upheld immunity for the descriptions posted by users in the “Additional Comments” section because these were entirely created by users. ((re liable for set form housing ads being discriminatory to eg black prospective tenants) But such liability resisted in various CraigsList cases, where short user ads listed. Seems to me like rating sites nearer the former..
Guardian “ "British professors beware!" RateMyProfessor.com is soliciting feedback from students in the UK.” april 2006
Re point 3 - (The “PR society” problem – cf Firsht v Raphael – gossip columns , outing sites, fan sites ? ) Seems fair enough you can take down your own photo on a UGC site – or its tagging – but what happens to SNSs when in name of privacy I can stop anyone even discussing me? And are there public intersts? Rt to know? Political dissent? More exception for these built into libel law historically than DP law ??