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Monthly Archives: December 2015

Twitter’s New Policy on Threats and Abuse


Twitter’s New Policy on Threats and Abuse

Twitter has once again revised its policy on violent threats and abusive behavior.  These changes while not very significant in nature are probably in direct response to those who say that Twitter needs to do a better job in preventing terrorists organizations like ISIS from using its site. Among other things, Twitter says that it will suspend or deactivate an account that engages in “hateful conduct” or whose “primary purpose is inciting harm to others.”  Under “hateful conduct,” Twitter states that users “may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability or disease.”

To access Twitter’s new policy go here.

Breach of Trust: Fighting ‘Revenge Porn’


Ari Waldman

Breach of Trust: Fighting ‘Revenge Porn’

Abstract: Nonconsensual pornography, also known as “revenge porn,” is the distribution of sexually graphic or intimate images of individuals without their consent. As Danielle Keats Citron and Mary Anne Franks have shown, revenge porn is, and should be treated as, a crime. It is also, I argue, an egregious breach of the privacy and trust that make intimate relationships so dynamic, enduring, and stable. Therefore, this essay offers practitioners another weapon to use in the fight to eradicate revenge porn: the tort of breach of confidentiality. The tort, which holds liable those who, without consent, divulge information disclosed to them in a context that he either knows or should have known included an expectation of confidentiality, resulting in harm to the victim, focuses on relationships and protects the information we share with others based on the expectations of trust inherent in those relationships. As such, it is an apt weapon against revenge porn.


Honest Victim Scripting in the Twitterverse

Francine Banner


Honest Victim Scripting in the Twitterverse


This article critically analyzes Tweets regarding recent allegations of interpersonal violence against celebrities in order to explore societal perceptions of and expectations about alleged victims. The article concludes that Twitter may be viewed as a micro-courtroom in which victims’ veracity and perpetrators’ responses are evaluated, interrogated, and assessed. A key, feminist critique of rape law is that the determination of guilt or innocence of the perpetrator too often hinges on assessment of the character of the victim. This is borne out on the social networking site, where terms such as “gold digger,” “slut,” and “ho” are engaged with regularity to describe those who come forward alleging an assault by a public figure. These derogatory terms serve not only to discipline the person of accusers but also to critique parties’ behavior as they forge relationships with legal systems and processes. Those who do not conform to what this article deems an “honest victim script,” showing visible physical injury, promptly reporting non-consensual sexual contact to law enforcement, and refraining from filing a civil suit, risk being labeled “whores,” “bitches,” and “gold diggers.” Rather than offhand comments, closely examining Tweets reveals the ways in which contemporary viewpoints are shaped within the construct of the law’s historical treatment of rape victims and perpetrators. The comments suggest pervasive disbelief of victims whose stories do not fit neatly into the stranger rape paradigm. They reveal distrust of survivors who, rather than or in addition to pursuing justice via criminal law, seek compensation in tort for the harms wrought by sexual assault. Further, and importantly, they signal a profound awareness of both the power of law to effect social change and the legal system’s past and present role in fostering oppressions.


Senate to Reconsider Law that Deputizes Social Media Providers

Senate to Reconsider Law that Deputizes Social Media Providers

San Jose Mercury News: U.S. lawmakers press Facebook, Google, other tech firms to report more


IHOP and Applebees are Looking for a Social Media Attorney



DineEquity, which owns IHOP and Applebees, is looking for a marketing attorney who really understands social media.  A position description is provided below.  To apply for the position go here.

In-House Position:
DineEquity, Inc. has an immediate opening for an exceptional attorney to serve as Marketing Counsel. This attorney’s primary responsibilities will include providing strategic legal counsel to the marketing departments of both brands. Specific duties will include counseling clients and reviewing materials with respect to traditional and digital media, social media, promotions, sweepstakes, contests, websites, mobile applications, and other marketing initiatives. The position will also manage trademark registrations, draft/negotiate marketing agreements, and support other transactional functions in the legal department as needed.

Why Attorneys Should Blog

The ABA Journal has a great podcast about the value of blogging. Blogs, as discussed in the podcast, not only allow attorneys to expand and build up their level of expertise in a specific area of the law, but also serve as a client development tool.

ABA Journal: How blogging can help you carve your own niche in the legal community 

Balancing Privacy with Social Interaction

The New Republic has a good article that attempts to explain why people are so willing to give up their privacy in order to interact online.

Why We Trade Privacy for Facebook Likes