By Dr. Jur. Eric Engle, LLM[i] Edited by Gary Pong Editorial Policy New technologies have made types of searches possible which could never have been envisioned when the Fourth Amendment was proposed to prohibit unreasonable search and seizure. With remote listening, infrared imaging, and, now, wireless technologies, it is possible to detect movements of people within buildings with no discernible physical impact on the surveilled person’s life.[ii] Are remote searches reasonable? Do they require a warrant?[iii] In my opinion, courts ... Read More...
Archive for December, 2009
By Andrew Segna, JD ‘12 Edited by Lee Welling Editorial Policy Video games have evolved from a niche hobby to an important mainstream form of entertainment and artistic expression in the United States. A May 2009 Ars Technica article stated that Americans are more likely to spend time playing video games then going to see a movie. Video games can now be considered a peer of music, movies, and television. As in these other industries, there has been a recent ... Read More...
By Alissa Del Riego* Edited by Miriam Weiler Editorial Policy The FTC’s new Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the guidelines”), regulating blog postings that endorse products, take effect December 1, 2009. These guidelines represent the first time since 1980 that the FTC has updated its policies to adapt to new social media and the ever-growing presence of advertisement on the Internet. The guidelines seek to provide consumers with enough information to allow them to distinguish ... Read More...
It’s once again that time of year: The Digest will be taking a short break from our regular coverage over the coming weeks as our Staff Writers head home for a well-deserved holiday break. While we take our hiatus from regular coverage, we have the pleasure of re-introducing our Comments feature. Comments are longer opinion pieces on especially significant issues. These pieces are written entirely by members of our staff, on topics they believe warrant closer examination and study. Each ... Read More...
First Circuit Explains Judgment Against File-Sharer Tannenbaum By Eric Engle – Edited by Miriam Weiler Sony BMG Music Entertainment et al. v. Tannenbaum, Case No. 07cv11446-NG (Dist. Mass., Dec. 7, 2009) Memorandum and Order The U.S. District Court for the District of Massachusetts elaborated on its July 27 summary judgment against Joel Tannenbaum, holding that file sharing for personal use was not presumptively fair under the Fair Use doctrine. In so holding, the court suggested that Tannenbaum could have escaped ... Read More...
