Updates In Intenet Law

UPDATES IN INTERNET LAW – May 2015

Bergen Bar CLE seminar – hosted by the Bergen County Bar Association Internet Law Committee

  1. 1. Net neutrality – by Alex Pisarevsky
    ap@njlawfirm.com
    1. Brief introduction re: why it matters
    2. Evolution of the law
    3. Sides of the debate
    4. Recent developments
    5. How Net neutrality impacts on freedom of speech
    6. How Net neutrality impacts on commerce
    7. How Europe governs net neutrality as opposed to China and Russia
    8. Pending legislation
  1. 2. Cyberbullying/Cyber Harassment – by Yelena Percuk yelenaperchukesq@perchuklaw.com
    1. Law on cyberbullying in general
      1. Wider audience for threatening or humiliating posts, especially on social media websites, where anyone (students, officials, employers, family, friends, etc.) with Internet access (phone or computer) can see messages and other information;
      2. Effects on the future since the data posted online never really goes away, even if it is “deleted”;
      3. Difficulty of proof;
      4. Difficulty of identifying the perpetrator(s).
    2. Statutes: N.J.S.A. §18A:37-13.2, N.J.S.A. §2C:33-4.1; N.J.S.A. §2C:12-10; N.J.S.A. §18A:37-13.2;
    3. Civil causes of action
    4. Defenses to cyberbullying crimes
      1. Free speech (First Amendment);
      2. Reasonableness standard;
      3. Other.
    5. Recent cases
    6. Strengths and weaknesses of the law and future projections.
  1. 3. Identifying the perpetrator – by Victoria Brown
    vb@brownllc.com
    1. Pre-litigation discovery
    2. Naming “John Doe”
    3. Who to subpoena and how to put the pieces of the puzzle together to identify an individual perpetrator (who emails, blogs, posts)
      1. website operators
      2. website hosts
      3. browsers
      4. internet service providers
    4. Examination of case law

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