Category Archives: Defamation and Privacy

Alvaro Bedoya, ‘Privacy as Civil Right’

ABSTRACT As the first US-born Hispanic senator, Senator Dennis Chávez of New Mexico left a rich legacy of advocacy for civil rights and civil liberties. In this lecture, the fourth US Senator Dennis Chávez Endowed Lecture on Law and Civil Rights, I explore an idea at the intersection of those two bodies of law: the […]

Emma Lux, ‘Twitter, Parody, and the First Amendment: A Contextual Approach to Twitter Parody Defamation’

ABSTRACT As defamation lawsuits against Twitter parody accounts become more common, courts are grappling with how to properly apply precedent developed in the context of traditional media to tweets. Twitter parody defamation cases, like Congressman Devin Nunes’s infamous lawsuit against the @DevinCow Twitter parody account, raise novel questions like how courts should conceive of ‘reasonable’ […]

Nicole Ligon, ‘Protecting Local News Outlets from Fatal Litigation Expenses’

ABSTRACT As lawsuits targeting the press continue to rise in response to today’s political climate, local news outlets are more likely to find themselves facing unexpected legal expenses. Although the national news media can generally weather the costs of libel lawsuits and subpoena requests, smaller news outlets have gone bankrupt or barely escaped such a […]

‘Knowledge test for duty of confidence – what is a sufficient state of mind to make an employer liable for breach of confidence when it receives a client list from a recruited employee?’

“In my blog piece on 28 February 2020, I looked at the state of mind required to make an employer liable in tort for inducing a breach of contract when it employs a person subject to post-termination restrictions. I reported by reference to the recent case of Allen v Dodd that in order to be […]

Thomas Haley, ‘Data Protection in Disarray’

ABSTRACT Businesses routinely lose or misuse individuals’ private information, with results that can be devastating. Federal courts often leave those individuals without legal recourse by dismissing their lawsuits for lack of standing, even though plaintiffs in these cases provide stronger showings of harm than courts usually require. Using an original data set, this Article shows […]

‘Neither a pretty face nor a beautiful game – of football pitches, data protection impact assessments, artificial intelligence, facial recognition, and closed-circuit television surveillance’

“I read this morning that, in a wide-ranging letter to Congress on racial justice reform, IBM CEO Arvind Krishna wrote that IBM will no longer offer ‘general purpose facial recognition or analysis software’. Of course, ‘general purpose’ is doing a lot of work in that sentence. But let’s see where it goes. In any event, […]

Emma Lux, ‘Twitter, Parody, and the First Amendment: A Contextual Approach to Twitter Parody Defamation’

ABSTRACT As defamation lawsuits against Twitter parody accounts become more common, courts are grappling with how to properly apply precedent developed in the context of traditional media to tweets. Twitter parody defamation cases, like Congressman Devin Nunes’s infamous lawsuit against the @DevinCow Twitter parody account, raise novel questions like how courts should conceive of ‘reasonable’ […]

Lee Bygrave, ‘The “Strasbourg Effect” in Data Protection: Its Logic, Mechanics and Prospects in Light of the “Brussels Effect”’

ABSTRACT This article considers various factors that will shape the potential effect of the Council of Europe’s modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU […]

‘Court of Appeal deals blow to libel tourists’

“England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ‘libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims […]

‘Emergency Remote Teaching: a study of copyright and data protection terms of popular online services’

“Very few institutions were prepared for the transition to distance learning. Although most teachers would have been familiar with online learning platforms and communication services, the swift move to Emergency Remote Teaching (ERT) took most universities by surprise …” (part 1, part 2) Rossana Ducato, Giulia Priora, Chiara Angiolini, Alexandra Giannopoulou, Bernd Justin Jütte, Guido […]