Tag

American law

Free Speech

Regulating the Raunchy? Free speech and obscenity under Miller v. California

One of the most interesting aspects of being a technology lawyer is that it necessarily requires a strong understanding of Internet regulation and digital rights, including the right to express yourself online.  As such, free speech is one of my favourite areas of legal history and theory.  Coincidentally, two major US Supreme Court cases regarding free speech were decided on this day —  21 June! This post takes a look at one of them: Miller v. California [1973].  In a later post, I’ll explore a second landmark free speech case decided on 21 June: Texas v. Johnson [1989]. The Constitution in Court.   Most…

Privacy Law

Privacy Day 2019

In 2006 the Council of Europe officially recognised 28 January as a data privacy holiday, to celebrate the date The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data was signed in 1981. Also known as Convention 108, this document remains the only international treaty in the field of personal data protection. In honour of this year’s Privacy Day – also called Data Protection Day – here are a few excerpts from some of my favourite English and American legal cases about privacy. In 1762, the King George IV’s Chief Messenger Nathan Carrington and others broke into the home…

Privacy Law

Transatlantic Data Transfers: US-EU Privacy Shield under review

When personal data travels between Europe and America, it must cross international borders lawfully. If certain conditions are met, companies can rely on the US-EU Privacy Shield, which functions as a sort of “tourist visa” for data.  Earlier this week (19 November) the United States Federal Trade Commission finalised settlements with four companies that the agency accused of falsely claiming to be certified under the US-EU Privacy Shield framework. This news closely follows the highly anticipated second annual joint review of the controversial data transfer mechanism.  IDmission LLC, mResource LLC, SmartStart Employment Screening Inc., and VenPath Inc. were slapped on the wrist by the FTC…

Copyright / Uncategorized

“Faceswap” for Lady Liberty costs US Post Office $3.5M

Between 2011 and 2014, the United States Postal Service (USPS) used an image of the Statue of Liberty for its Forever Stamp series (a type of First Class postage stamp). Unfortunately for the USPS, the image they chose was not actually of the famous statue that towers over New York Harbor designed by French sculptor Frédéric Auguste Bartholdi in 1886. Instead, the image they chose was actually Robert S. Davidson’s replica Statue of Liberty which looks over the New York-New York Hotel & Casino in Las Vegas. Davidson sued for – and won – nearly $3.5 (£2.6) million in royalties,…