Cases Flashcards
State v. Decker
Internet can be considered “present” without being “in the same place as someone” Near simultaneous conversation with minor and used tech to enter the minor’s private room.
Voyeur Dorm v. City of Tampa
Zoning in residential areas prohibiting sexual entertainment does not apply to a fully-indoors livestream
Robles v. Domino’s Pizza
Blind plaintiff - website not made accessible for blind people; ADA rules provide “elimination of discrimination against individuals with disabilities” 42 USC 12101(b)(1)
Established precedent for applying ADA to online platforms.
United States v. Aurnheimer (3rd Cir. 2014)
Venue Problem - Guy hacks servers, revealing emails of iPad users. Sued in New Jersey, whereas D lived in a different state, and the servers he accessed were also in different states. The court ruled the venue was improper.
United States v. Yucel (SDNY 2015)
“Knowingly causing the transmission of a program, intentionally causing damage without authorization to a protected computer” 18 USC 1030(a)(5)(A). He made malware that would track keystrokes and find personal data on an infected computer.
Protected computer definition under Computer Fraud and Abuse Act (CFAA) - “‘which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.”
“affecting interstate or foreign commerce” invokes full reach of commerce clause
Dormant (Negative) Commerce Clause
Constitutionally implied by Commerce Clause giving Federal Government the right to govern interstate commerce.
Prevents states from passing regulations or legislation benefiting their businesses at the expense of out-of-state business.
In re Facebook Biometric Information Privacy Litigation (ND Cal 2016 & 2018)
BIPA requires companies to obtain informed consent before collecting, storing, or using individuals’ biometric data.
Facebook was collecting biometric data to identify who people were in different photos. Illinois law prevented this. Class action ensued, settling for $650 million dollars. (one of the largest privacy settlements in history)
Protected Computer
18 USC 1030(e)(2)(B) - includes a computer used in or affecting “interstate or foreign commerce or communication.” In most cases, demonstrating that a computer was connected to the internet will satisfy this reuqirement.
Extraterritoriality
Laws of the US are not presumed to have extraterritorial application absent contrary intent.
Intent to cause effects within the United States makes it reasonable to apply to persons outside US territory a statute which is not extraterritorial in scope.
Person may be charged in the place where the evil results, though he is beyond the jurisdiction when he starts the train of events of which that evil is the fruit.
International Cooperation - Council of Europe’s Convention on Cybercrime. Extradition - governed by Treaty.
National Jurisdiction - if server is in the US, likely would have jdx.
Extradition between states is governed by the extradition clause. (Art. IV Sec. 2, Clause 2.
Packingham v. North Carolina
The court held that the North Carolina law preventing Registered Sex Offender from using social media.
Law was a content-based restriction that was not narrowly tailored to serve a significant government interest.
While the govt had a legitimate interest in protecting children from sexual predators, the law swept too broadly and was not tailored to the specific risked posed by social media use.
Social media is vital for speech and communication, not just for contacting minors. Less alternative means, such as using software to block access to certain sites.
Texas v. Johnson
Flag burning is protected speech under 1A
Symbolic speech is allowed. Govt could not prohibit the expression of an idea simply because society finds it offensive or disagreeable.
Bland v. Roberts
Liking a Facebook Post is not enough to merit constitutional protection.
The nature of liking something is substantive, showing that a user approves the post.
Liking the campaign was pure speech and symbolic expression.
Spence Test - conveys a message that is understood by those who viewed it.
How the Law Responds when Emoji’s are the Weapon of Choice
The law needs to adapt to the evolving nature of communication and develop appropriate methods for interpreting emojis in a legal context. Emojis should be considered a form of speech and analyzed under 1A.
Sarah Jeong, The Internet of Garbage (2015) (32–34)
Current state of internet moderation is inadequate, and platforms must invest more resources in developing better systems and stratgegies to address online harassment. By doing so, they can help create a safer online environment for all users.
Restrictions
Prior Restraints
Viewpoint Based
Content Based
Content Neutral
Commercial Speech Restrictions
Incidental Speech Restrictions.
Prior Restraints are presumptively unconstitutional.
Viewpoint-Based Restrictions are presumptively unconstitutional.
Content-Based Restrictions must be narrowly tailored to serve a compelling
interest and be the least restrictive means of serving that interest.
Content-Neutral Restrictions must be narrowly tailored to serve a significant
interest and leave open ample alternative channels of communication.
Commercial-Speech Restrictions must directly serve a substantial interest
and be no more extensive than necessary to serve that interest.
Incidental Restrictions on Speech must serve a substantial interest unrelated to the
suppression of speech and be no greater than essential to serve that interest.
