U.S. Supreme Court
Code as Conduct: Compelled Web Speech Before US Supreme Court
On December 5, 2022, the United States Supreme Court once again jumped into the argument about whether the government can compel a designer of wedding websites to provide services that support same-sex ...
Disgruntled Law School Applicant’s Cyberharassment Ends With Narrow Court Ruling
Ho Ka Terrance Yung wanted to go to Georgetown University School of Law. He had good grades and good LSAT scores and arranged for an “alumni” interview—an interview with a former Hoya ...
The Supreme Court, Leaks and Computer Crime
Last week, a highly confidential draft opinion in the Dobbs abortion rights case was leaked to reporters at Politico. Many have called for the leaker to be identified and prosecuted. However, a ...
Justice Thomas Steps in Social Media Immunity Thicket
Section 230 of the Communications Decency Act, 47 U. S. C. §230(c)(1), is generally considered to provide that entities that merely act as conduits for communication (like social media companies) are not ...
After Van Buren, are Data Scraping Cases Barred?
The federal computer crime law makes it both a criminal offense and a civil offense (you can sue for damages or loss) for someone to “access a computer without authorization” or to ...
Supreme Court Limits Scope of Computer Crime Law
Nathan Van Buren was a police officer in rural Georgia. As such, he had lawful access to both the National Crime Information Computer (NCIC) and the Georgia Crime Information Center (GCIC) with ...
Supreme Court To Decide Scope of Federal Hacking Law
For more than 30 years, the federal computer hacking statute has been used by companies to sue employees (and former employees), competitors and even customers and users who violate their rules on ...
When are Privacy Violations Sufficient to Sue?
In order to get into court – particularly federal court – a party has to demonstrate that they have “standing” to sue — that is, that they have personally suffered some kind ...
Supreme Court Cell Privacy Ruling Thwarted
If the government wants to track your location for hours, days, weeks, months or even years, it has various tools at its disposal: It can commit the resources of teams of detectives ...
Supreme Court: Police Need Warrant for Mobile Location Data
The U.S. Supreme Court today ruled that the government needs to obtain a court-ordered warrant to gather location data on mobile device users. The decision is a major development for privacy rights, ...