Social Media Law Student

ACLU Weighs in on Facebook’s Privacy Issues

Rex Gradeless — Thu, 13 May 2010 16:37:00 PDT

According to news reports, Facebook has called an “all hands” meeting today to discuss its privacy policies. That’s because they are facing a brewing revolt among Facebook users alarmed by the company’s cavalier attitude toward protecting your privacy.

In recent months, Facebook has rolled out some very privacy-unfriendly practices, from the “privacy transition” that took away privacy controls to “instant personalization” that instantly shares your personal information with third party pages without your consent.

At every step, the ACLU has been there to push back. Why? Because the less control you have over your own personal information, the more likely that information could end up in the wrong hands—including the government’s.

Sign the ACLU’s petition. Tell Facebook loud and clear that you want control of your personal information.

Facebook’s founder Mark Zuckerberg has claimed that “the default is social.” That means Facebook starts from the assumption that your personal information will be distributed far and wide without your consent. But, tens of thousands of you have signed the ACLU petition to make it clear that you want to share with your friends, not a spying government.

Facebook is feeling the heat. It’s time to hold the company’s feet to the fire and take back control of our personal information.

You—not Facebook—should decide who to trust with private information about your political interests, sexual orientation, and more.

Sign the ACLU Facebook privacy petition. Make it clear you want to share with the people you choose, not the ones Facebook chooses for you.

Today’s reported all-hands meeting at Facebook means we’ve got their attention. Let’s keep the pressure on until Facebook adopts policies that respect the privacy of its users.

Sincerely,

Anthony D. Romero
Executive Director
ACLU

P.S. Visit Demand Your dotRights for tips on how to navigate the recent Facebook changes.

© ACLU, 125 Broad Street, 18th Floor, New York, NY 10004

How to Cite a Podcast in Legal Documents Addressed in 19th Edition of Bluebook

Rex Gradeless — Thu, 13 May 2010 07:03:27 PDT

How do you cite a Podcast in a legal document?

First, I checked my PAPER copy of The Bluebook and “Podcast” was nowhere. I thought maybe an Internet citation, or some type of audio citation, would be a respectable work-around but that a Podcast should require some different citation rules.

After asking several law students and lawyers, who also did not know, I emailed Mary Prince (formally Miles) who was the coordinating editor for the 18th edition of Bluebook.

Today, Ms. Prince confirmed, after consulting with the current Bluebook editors, that the 19th edition of Bluebook would address citing Podcasts and that the 19th edition was due out in a week!

Just a matter of time before SCOTUS starts citing Podcasts?

North Carolina Publishes Proposed Ethics Opinion on Cloud Computing

Josh Camson — Sat, 01 May 2010 09:04:22 PDT

The North Carolina Bar Association published Proposed 2010 Formal Ethics Opinion 7, which concludes that:

…a law firm may contract with a vendor of software as a service provided the risks that confidential client information may be disclosed or lost are effectively minimized.

This opinion is a welcome tool for attorneys trying to implement a cloud computing system in their office. However, it should not come as a big surprise to anyone. The opinion makes it clear that they are not reinventing the wheel.

Although a lawyer has a professional obligation to protect confidential information from unauthorized disclosure, the Ethics Committee has long held that this duty does not compel any particular mode of handling confidential information nor does it prohibit the employment of vendors whose services may involve the handling of documents or data containing client information.

The proposed opinion also touches briefly on best practices for employing a cloud computing system. It suggests fourteen questions for law firms to ask potential vendors. The opinion also advises attorneys to review the license agreement and security policy that the vendor has.

The entire proposed opinion is embedded below.

NC-FEO-2010-7

Image source: http://blog.micfo.com/web-hosting-articles/understand-cloud-computing/

Ohio Judge Makes ‘Anonymous’ Online Comment about Litigant, Refuses to Step Down

Huma Rashid — Wed, 07 Apr 2010 14:52:51 PDT

Cuyahoga County Common Pleas Judge Shirley Strickland Saffold allegedly made anonymous comments online about her pending cases, using the clever moniker, “Lawmiss.” Personally, if I was a judge making anonymous comments on my cases in an online forum in violation of ethics rules, I’d use something dignified and fun, like, “HonorableJusticeShutYourMouth” or “JusticeUneducatedFoot” (the opposite of Learned Hand, you see). Ah, who am I kidding? If I was a judge leaving comments online about my case, my handle would totally be “JudgeThisHaterz.”

The Ohio judge denied a motion filed by defense counsel to recuse herself in the cases in question. She did say she hadn’t made up her mind yet about stepping down from the case of alleged serial killer Anthony Sowell, but said she would not be stepping down in three other cases in which attorney Rufus Sims is also the counsel for the defendant.

She’s going the Jesse James route and blaming the media.

(I hate myself a little for including a mention of the Sandra Bullock/Jesse James scandal in this post. Everyone grab a rock, a torch, or a pitchfork; the line forms on the right.)

Instead of blaming hippies, global warming, or 9/11, Judge Saffold blamed the Plain Dealer, a local newspaper, for launching what she calls “one of the most vicious, mean-spirited attacks that anyone could ever make,” and said she would not be intimidated by its tactics. I thought litigators were usually the ones with the flair for drama.

Sims, attorney for defendant Sowell and three other defendants in cases before Judge Saffold, is considering an appeal of the motion to recuse to the Supreme Court of Ohio.

In addition to the online comments left by Judge Saffold as “Lawmiss,” it appears that someone used the judge’s personal email account to reportedly criticize Sims and comment on Sowell and at least one more party Sims was representing. Saffold claims she was not the one to make such remarks through her personal email address, and her adult daughter, who was a law student at one point, has taken responsibility for some of the posts made by “Lawmiss.” Some of the 80 comments left by “Lawmiss” were left using Saffold’s court computer. So not only do we have a judge that allegedly isn’t up to speed on ethics rules (since only some of the posts are attributed to her daughter), but her former-law-student-daughter also appears not to have paid much attention in her Professional Responsibility class.

And remember, don’t say anything in response to this post that is sure to anger me, or “JudgeThisHaterz” is going to take you to task.

How to Link to a Google Scholar Case

Josh Camson — Wed, 31 Mar 2010 07:52:54 PDT

It’s no secret that Google Scholar now includes court opinions and legal journals. The legal journal articles are just search results that will redirect you to the hosting site. However, a large number of the court opinions are hosted right in Google Scholar. The only problem is that linking to these opinions is not the clearest thing in the world. For instance, let’s say we do a search for the commerce clause, my favorite of the Constitutional clauses.

Our first result is United States v. Lopez. Once we click on it, the case comes up. However, our search terms are highlighted throughout. Not the most attractive thing if you want to send this case to someone else.

The problem is the link. Right now the address bar has “http://scholar.google.com/scholar_case?case=18310045251039502778&q=commerce+clause&hl=en&as_sdt=800000000003″ in it. If you paste that link into your browser, you will get the case, but it will still be highlighted with your search terms. The format of a proper google scholar link is http://scholar.google.com/scholar_case?case=CASENUMBER. The case number is the number after the first equals sign and before the ampersand. So the case number for US v. Lopez is 18310045251039502778. If we plug that into the formula, we get http://scholar.google.com/scholar_case?case=18310045251039502778 which gives us the same case, with no highlighting.

Free Software Alternatives for Anti-virus, Budgeting, and Photo Editing

Yana Siganur — Tue, 23 Mar 2010 06:45:02 PDT

There is a world of software that exists outside of boxed packages and far away from dollar signs out there on the interweb. Very few people realize that the commercial software they’re told they need to buy has free open source alternatives – if not superiors – that even professionals are using. The next time you consider buying a program for $175 or even $2.50, remember that there is a good chance that a free substitute is a mere Google search away.

First up, every PC user needs to ensure their precious system is protected. That is why nearly every new computer comes with a free one year subscription to McAfee ($50) or Norton ($100). However, most commercial antivirus software still has trouble recognizing certain websites or programs, and even has issues cooperating with Vista. The free version of avast! integrates flawlessly with nearly any system – and it does its job very well. The program receives daily automatic updates to ensure that your computer is protected against all types of malware and spyware (including the latest cyber baddies to hit the scene).

Second, money is something everyone has to worry about – ESPECIALLY those of us with ever-growing school loans. So why not use a money managing application to help track our budgets, credit cards, bills, etc.? Is it because software like QuickBooks costs an average of $60? Probably. So in the alternative, try Mint. This site has been receiving awards roughly every few hours since its launch and is recognized by big name publications like PC Magazine and Money Magazine. Not only will your sensitive information be kept safe on this site, but it will also adapt to your particular needs. It can give you a visual of where the bulk of your money is going (via pie charts and bar graphs); you can access it on smartphones, Blackberries, and iPhones; and it has enough functionality to help you make better decisions on your loans, investments, and personal budgets.

And finally, for those of you out there who dabble (or are expert) in graphics, there is hope in the form of a free alternative to Photoshop ($699). Behold GIMP. Short for “GNU Image Manipulation Program” (GNU stands for “GNU’s Not Unix” but that really doesn’t matter if you are not a geek), this program can help you create images or edit the ones you have. There are user manuals to help you create whatever you want – and they are free, unlike Photoshop’s official tutorial books, which cost $25-$40 at Barnes & Noble. In addition, GIMP has a very unique support for input devices like Tablet PCs as well as USB or MIDI controllers. Once it is set up, you can use a device to change the size, angle or opacity of a brush while you paint.

In short, just because it is a great piece of software, does not necessarily mean there is no free alternative. Check out OS-Alt for more free alternatives .

Podcast Ipsa Loquitur: New Jury Rules, Legal Comedy Website, and Schools Spying on Students

Josh Camson — Sat, 13 Mar 2010 06:03:27 PST

New Jury Rules
These are a model set of jury instructions to give jurors more specific guidelines on what they can and cannot do before and after a case.
The rules are nothing new. They are already told not to talk about the case, and these rules just make sure people don’t do it with a different medium. Huma thinks it’s important that jurors be told not to investigate the case on the Internet. Josh thinks this is all pretty obvious and people should know not to talk about cases, but agrees that googling things is the bigger issue.

New Comedy Website
Overheard in Court is Texts from Last Night for lawyers. They run the gamut for level of humor, but most are pretty fun. Huma thinks that the hilarity in the courtroom is under appreciated. Huma knows a lot about this because she apparently listens to oral argument recordings for fun. Josh tried doing it, but technical difficulties prevented him.

Schools Spying on Students
The Lower Merion school district gave its students laptops and then ~~spied on them hardcore~~ allegedly used those webcams to see what students were doing. Huma thinks this is unconstitutional, Josh thinks that constitutional or not, it’s just immoral! Gizmodo has more. It’s a good thing Huma’s school wasn’t looking at her, because apparently she looks at all sorts of crazy stuff on the Internet.

This week’s episode brought to you by Chrometa. E-mail sales[at]chrometa[dot]com and mention Podcast Ipsa Loquitur for a discount!

Tune Out to Tune In: A Look at White Noise

Yana Siganur — Mon, 01 Mar 2010 06:36:36 PST

Not everyone is lucky enough to have their own office or a private space where they can work uninterrupted. Most people have to deal with loud traffic, obnoxious co-workers, loud students, or even minor nearby conversations – whether you’re at your law school library, internship, or any other kind of office. For those of us who need a little help keeping our focus, but can’t listen to music to do it, there is the sound-distracting white noise.

A simple description of what white noise sounds like would be to think about the “snow show” on TV. It happens when your television doesn’t have a signal (either via satellite, cable, or the dvd/vhs player isn’t connected) and all you see is a mess of white, black, and grey dots and hear TV “static.” This resembles the sound you make by going “shhhhh.” By listening to white noise instead of music, all outside noise is drowned out while still keeping your mind focused on your work.

So grab a pair of headphones and try these out:

Simply Noise

There are many websites that offer a wide variety of white noise styles. The top site is SimplyNoise. It offers two variations in addition to the standard white noise, namely, pink and brown /red, which slightly alter the noise you hear. And there is a new oscillation feature that oscillates the volume the noise.

As the site itself explains, white noise provides a sleep aid, blocks distractions, masks tinnitus, and soothes migraines – just to name a few. To use, plug in your headphones, visit the site, pick your style, and adjust your volume so that you don’t hear anything or anyone else.

Rainy Mood

Another site that is great for helping you focus, and one of my new favorites, is Rainymood. Instead of white noise, you get to enjoy a fifteen minute audio loop of a rain storm. One of the benefits of this service over Simply Noise is that you get to listen to a more organic noise and not feel like you are listening to machine noises.

If you close your eyes, you can almost imagine sitting outside on a covered porch while the rain comes down around you. The site even recommends that you play this audio loop along with your favorite music to get an interesting enhanced effect.

Of course, if you feel that classical music or jazz better help you concentrate instead, then forget everything I’ve said. But for those of us who really need to focus but cannot handle the variations and distractions of any kind of music, give these sites a chance.

ABA Section of Science & Technology Law: 2010 Law Student Writing Contest

Rex Gradeless — Wed, 24 Feb 2010 19:05:31 PST

The ABA Section of Science & Technology Law is pleased to announce the topic for its 2010 Law Student Writing Contest. The contest is designed to encourage law students to write articles on subjects related to science and technology law and encourage a cutting-edge or innovative take on the topic.

THIS YEAR’S FOCUS: EMERGING LEGAL ISSUES IN THE STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION

More than ever before, public and private entities process health, payment card, or other personally identifiable information in the course of their routine daily activities. E-discovery statistics show that 90% of public and private enterprise records are now electronically generated or stored. Yet the prevalence of data breaches involving personally identifiable information raises significant questions as to how such data is being stored and protected.

Contest submissions should address the following questions: What are the most important emerging legal issues for entities that store personally identifiable information, and how should these issues be addressed? What steps should government and private companies take to protect consumers from data breaches? Are existing and proposed data breach laws effective in protecting individuals and preventing data breaches? What security and privacy measures and controls should private organizations be required to take? What legal standards should apply? Successful article submissions should discuss how these issues should be addressed by (1) public and private entities in the discharge of their duties and obligations; and (2) courts, legislatures, and regulatory agencies as they seek to provide appropriate protection for the public at large.

The winner will receive a trip to the 2010 ABA Annual Meeting in San Francisco, CA and may have the submission published in The SciTech Lawyer. All submissions are due March 1, 2010, and the winner will be notified by June 1, 2010.

Full contest rules and submission criteria can be found on the Section’s website at: http://new.abanet.org/sections/scitech/Pages/studentwritingcontest.aspx.

The ABA Section of Science & Technology Law was formed in 1974 to provide a forum for addressing issues at the intersection of law, science, and technology. Since then, the Section has grown to become a focal point for information and policy on many important issues, such as computer and information security law, privacy, cybercrime, scientific evidence, genetic research and engineering, biotechnology, and nanotechnology. Learn more at http://new.abanet.org/sections/scitech.

UPDATE: The ABA Section of Science & Technology Law is pleased to extend the due date for its 2010 Law Student Writing Contest until April 1st, 2010. The contest is designed to encourage law students to write articles on subjects related to science and technology law and encourage a cutting-edge or innovative take on the topic.

Fastcase Review

Laura Bergus — Mon, 22 Feb 2010 12:00:53 PST

Fastcase is a low-cost but wide-coverage online legal research tool with a modern, intuitive interface. Fastcase is a relatively new player on the legal research scene, but has some features that rival the bigger research alternatives, especially if your practice isn’t too dependent on deep secondary sources and you’re comfortable with, you know, a modern internet interface.

Users who want to dive in with a search can enter a natural language or Boolean (terms and connectors — Fastcase takes both Lexis and Westlaw syntax pretty well) search or a document citation into the single search box on the research home page. (This feature, something we have come to expect in online searching thanks to Google, also appears in Westlaw’s new search UI, WestlawNext.)

Note that the first page lets you choose from several material types (on the left). For items that aren’t included in Fastcase’s own databases, these links point to third-party sites with the relevant content. This worked more seamlessly than I expected.

To dig a bit deeper, users simply click the “switch to advanced caselaw search” link right above the query box. The advanced search provides limiters like jurisdiction, date, and results display options (including sortability by several variables!) at your fingertips.

At the bottom of the Advanced Search page is an option for “Authority Check.” This tool spits out the number of times each result has been cited. Looking at the number of times a particular result has been cited both in “These Results” and “Entire Database,” provides a good sense for how important that case is based on your search query. For instance, if a certain case has a high “Entire Database” number of citations, but relatively few “These Results” cites, that case might not be on point for the terms you are searching. Cases that have high numbers in both categories tend to be the pivotal cases from which that critical first spiderweb of your research citations will emanate.

The “Authority Check” feature is powerful — and pretty interesting in the fact that it gives you a very reliable sense of the relative importance of a case (presuming you have a decently-crafted search) without human intervention. Fastcases uses algorithms only for determining relevance and keyword similarity, which makes it different from Westlaw and Lexis, who famously imbue results with human input and that treasured “editorial content.”

On the main results page, textual results can be easily re-sorted by relevance, case name or decision date. Under the “Results” menu, you can choose to see only document titles, titles with the first paragraph, or titles with the most relevant paragraph (depicted here, which automatically highlights your search terms).

Clicking on a result brings up the document, with a side-bar of links to related documents and several print and delivery options. Users who feel lost without the little colored flags or stop signs can access Lexis and Westlaw’s citators (Shepard’s and KeyCite, respectively) via links at the top of the document page. Charges apply for using those citators, but it is handy to have them available directly from each Fastcase document.

You can save documents to “My Library.” Searches are also saved, and the advanced search remembers which jurisdictions you have recently accessed. Documents can be downloaded in Word, PDF or rich text formats.

The feature that best sets Fastcase apart from competitors is the “Interactive Timeline.” Search results are displayed here in a four-dimensional display (relevance on the y axis, date on the x axis, inner circle size for number of times cited in search results, and outer circle size for times cited total in Fastcase database) that gives an instant idea of which cases are most important. Those that show up high (on the y axis) are most relevant, and those in the biggest circles have been cited the most times. Mouse over any circle and a clickable case name and relevant paragraph are displayed.

This view is also helpful for analyzing the usefulness of your search query at a glance: if the inner circles are consistently very small compared to the outer circles, your search is probably not hitting the issue that these cases are usually cited for. This may be expected for certain issues, but is a good indicator you need to refine your search if you’re looking for seminal cases on a particular topic (because you would expect such cases to be cited heavily both in the search results and in the total database).

Overall, I’m very impressed with Fastcase, and am encouraging my law school to check it out so students can learn this tool in addition to Lexis/Westlaw. Fastcase’s minimal cost makes it a viable primary caselaw search for the smallest firms and solo practitioners, and many attorneys have access included in their statewide bar membership.

Pros:

Low cost
Clean, modern, functional user interface
Good caselaw coverage, including all 50 states
Save, print, email, or download documents easily
Handy links to secondary source material, links to citators
Sortable results speed up research
Interactive Timeline makes finding the best cases easy at a glance
Easy-to-use help materials and tutorials, as well as live chat and email support

Cons:

Deep secondary sources not included
Citators cost extra (requires use of Shepard’s or KeyCite)
Links to third-party providers of some material may be confusing for some users
Simple, fast, intuitive interface might throw off long-time Westlaw/Lexis users

Along with web-based legal research, Fastcase has developed a FREE legal research iPhone app. The app is free to any iPhone user, no Fastcase subscription is required to use this tool. More info on the iPhone app can be found over at Legal Geekery.