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Monthly Archives: January 2018

States and Net Neutrality


States and Net Neutrality

The FCC has redacted net neutrality rules. But the state of Montana has been busy. The Montana Governor recently signed an executive order that directs the state’s Department of Administration to incorporate net neutrality into the procurement process for ISPs that wish to do business with the state. The goal of Montana is to deny ISP state contracts for telecom services if they violate the state’s net neutrality laws.

Under Montana’s net neutrality rules, ISPs would not be able to: block consumer access to lawful content, applications, or services; engage in paid prioritization or allow content or service companies with deeper pockets to buy an unfair advantage for their traffic in terms of speed, latency, or network prioritization. It also prohibits ISPs from ‘unreasonably interfering with’ or ‘unreasonably disadvantaging’ a consumer’s ability to access ‘lawful internet content, applications, services, or devices of their choice.’

It is not perfect. ISPs can throttle and block services if there’s a reasonable network management disclosed to the consumer. The order also does not address the ISP’s ability to implement data caps and usage-based pricings for the consumers. This allows for ISPs to impede the ability of households to engage in a normal manner. In a filing against the FCC in 2016, Netflix argued that these data caps do not serve a legitimate purpose and that they are ultimately an ineffective way to manage the network.


Does Facebook Micro-Targeting Lead to Discrimination in Hiring?


Does Facebook Micro-Targeting Lead to Discrimination in Hiring?

Interesting article that examines whether Facebook’s micro-targeting advertising causes discrimination in hiring.  According to the article, “members of the Communications Workers of America allege that micro-targeting by advertisers through the use of social media to deliver their message disadvantages older workers (i.e., Facebook users 40 years old or older) who may have been denied the chance to learn about job openings, see Bradley v. T-Mobile US, Case No. 5:17-cv-07232 (N.D. Ca. filed Dec. 20, 2017).”

Legaltechnews: Age Discrimination and Facebook: Micro-Targeting Comes Under Fire

Fla. high court to share proceedings via Facebook Live


Fla. high court to share proceedings via Facebook Live

The Florida Supreme Court will broadcast its proceedings via Facebook Live starting Thursday. “In the 1970s, Florida became the first state to allow broadcasts of its court cases at a time when every other court in the nation refused it,” Chief Justice Jorge Labarga said in announcing the online streaming.

Why Judges Should Be Allowed to Friend Lawyers

Florida copy

Why Judges Should Be Allowed to Friend Lawyers

The Orlando Sentinel has an excellent op-ed by retired judge Raymond J. McKoski.  In the op-ed, the judge examines the issue of judges friending lawyers which is currently before the Florida Supreme Court.  At present, there is a split among Florida appellate courts where some allow judges to friend lawyers while others prohibit the practice.  The judge puts forward several persuasive arguments that cast doubt on the logic of prohibiting the practice to include examining offline interactions between judges and attorneys.  Hopefully, the Florida Supreme Court will pay heed to the arguments put forward by the retired judge.

Sentinel: Florida’s judge-lawyer ‘friends’ dilemma: Facebook, no; reality, yes


Global Social Media Law for Business Lawyers


Global Social Media Law for Business Lawyers

By John Isaza and Valerie Surgenor

Here is a brief description of the book

Social media is global, laws are not. This valuable guide will help you understand social media laws and related governance in the U.S., Canada, European Union, Australia, Asia, and more.Given the global nature of corporate business, the use of social media compels U.S. lawyers with international clientele to have an understanding of other jurisdictions. This new handbook deals with social media laws and related governance principally in the United States, with discussion of key global regions including Canada, the European Union, Australia and Asia. Current and practical, this guide discusses:

  • Use of social media as a tool in recruitment of employees

  • The effect of privacy on an employer’s ability to govern its employees

  • FTC’s general social media disclosure guidelines

  • Cybersecurity and risk, including hacking, theft of corporate details, data loss, data breach, and more

  • Intellectual property issues in social media

  • Basic elements of a social media crisis plan and the attorney’s role in a crisis

  • UK and European social media legislation

  • And much more!


Texas Judges Like to Tweet


Texas Judges Like to Tweet

Here is the latest judge from Texas who likes to tweet.  In this instance, Texas Supreme Court Justice Jeffrey Brown has two twitter handles to include one which takes the persona of his car @Camryofjustice.  His other handle is a little more bland @judgejeffbrown.  Interestingly, Judge Brown is only the second most popular Texas judge on Twitter.  The first is Don Willett (@JusticeWillett) who was recently confirmed to the 5th Circuit Court of Appeals.

For more on tweeting judges from Texas go here.

Towards a Series of Academic Norms for #Lawprof Twitter

Carissa Byrne Hessick


Towards a Series of Academic Norms for #Lawprof Twitter


This short symposium contribution discusses the virtues and the vices of law professors participating in a now-popular form of public discourse: Twitter. It also offers some tentative thoughts on what professional norms ought to apply to law professors who identify themselves as law professors on Twitter. Specifically, it suggests that law professors should assume that, each time they tweet about a legal issue, they are making an implicit claim to expertise about that issue. It also suggests that law professors who participate on Twitter should do so primarily to help promote reasoned debate.