Showing posts with label California. Show all posts
Showing posts with label California. Show all posts

Thursday, May 26, 2011

Proposed California Law Tackles Social Media, Privacy Concerns

A proposed new law in California would have radical implications for Facebook and other major social media sites:
The bill, which would apply only to users in California, would prohibit sites from displaying users' home addresses or telephone numbers without their consent and would mandate services remove of any information about a user within 48 hours of the request, or face a $10,000 fine.

Under the proposed law, social networking sites would be required to have all users choose their privacy settings--explained in "plain language"--as part of the registration process. It also spells out a privacy setting that would be mandated to serve as the default on all sites and that would prohibit "the display...of any information about a registered user, other than the user's name and city of residence, without the agreement of the user."
Perhaps predictably, Facebook has already commenced lobbying against the bill, claiming it is a "serious threat" to "California consumers' choices about use of personal data." However, their argument essentially hinges on the idea that consumers of social media products won't be able to give up their privacy until after they've become familiar with the service they're using.

This seems to be an odd complaint, but from Facebook's point of view it's quite obvious: the site's growth is dependent on users being able to easily and rapidly find their friends and family on it, and if users don't enter personal information relatively early on in the signup process it becomes much less likely that they'll do so later on (since once one is a member of the site, people tend to dismiss additional requests for personal information - which is exactly why sites like Facebook ask for it up front), and thus impede Facebook's core usability.

The question, then, is whether the facility granted by being able to use Facebook (and for all that we say "sites like Facebook," we of course are really only talking about Facebook at this point, as most other social media services aren't nearly so personal-information-dependent for their use) is of more benefit, from a public policy perspective, than the privacy that one inherently must give up to use those sites effectively.

At this point, the question of Facebook's social utility is one that requires more serious debate. Facebook's use as a platform for collective action is only starting to be exploited, whether it is for political action or even modifying Facebook's design and policies thereof. On the other hand, "Facebook-stalking" has entered our lexicon for a reason: the site makes it exceptionally easy to cyber-bully people, and even to do so anonymously.

Does Facebook's "power for good" outweigh the dangers it can create with its relatively invasive standard privacy setting? Does it at least balance it enough that a law like the one proposed in California is needless? This writer is genuinely not sure; on the one hand, laws like this do seem somewhat nanny-statish, but on the other hand firmly reminding people that their privacy can be at risk when participating in social media seems to be an obvious good.

- Christopher Bird, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

Wednesday, November 03, 2010

McDonald's 'Happy Meal' Banned in San Francisco

L.A. Times reports on a success by California's "food justice" movement:
San Francisco's board of supervisors has voted, by a veto-proof margin, to ban most of McDonald's Happy Meals as they are now served in the restaurants.
The measure will make San Francisco the first major city in the country to forbid restaurants from offering a free toy with meals that contain more than set levels of calories, sugar and fat.

The ordinance would also require restaurants to provide fruits and vegetables with all meals for children that come with toys.
...Under the ordinance, scheduled to take effect in December 2011, restaurants may include a toy with a meal if the food and drink combined contain fewer than 600 calories, and if less than 35% of the calories come from fat.
Apparently, McDonald's is furious.
- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

Saturday, April 18, 2009

Don Henley Sues Congressman Over Unauthorized Song Use

I guess it's never too early for lawsuits over the 2010 U.S. election cycle to begin.

CNN reports that Eagles drummer and frontman Don Henley has filed a copyright infringement suit against Republican Congressman Charles DeVore, alleging unauthorized use of two Henley hit songs by DeVore in the congressman's campaign to unseat California Senator Barbara Boxer in 2010:

The suit filed Friday in federal court in California claims Charles DeVore is using Henley's hit songs "The Boys of Summer" and "All She Wants to Do Is Dance" without authorization.

The suit comes from two campaign videos that DeVore posted on YouTube that used Henley's music, according to the lawsuit.

In one of the videos, DeVore's campaign changed the words of "All She Wants to Do Is Dance" to lyrics that attacked Sen. Barbara Boxer, the lawsuit alleges.

The CNN article quotes Henley's position:

"Don Henley and Mike Campbell brought this action to protect their song, 'The Boys of Summer,' which was taken and used without their permission," Henley's spokesman said. "The infringers have vowed to continue exploiting this and other copyrighted works, as it suits them, to further their own ambitions and agenda. It was necessary to file a lawsuit to stop them."

The Congressman's campaign blog responds:

Rocker Don Henley’s legal threats have shut down our rough cut April Fool’s music video Obama lampoon based on “The Boys of Summer” on both YouTube and on Orange County’s alternative newspaper, the O.C. Weekly. We’re responding with a counter-claim, asserting our First Amendment right to political free speech in parody based on the Supreme Court ruling of Campbell v. Acuff-Rose Music, Inc.

While the legal issues play out, it’s time to up the ante on Mr. Henley’s liberal goon tactics. By popular request, I have penned the words to our new parody song, an expose of Senator Barbara Boxer’s new cap-and-trade energy bill that will operate as a hidden tax that will also enrich a few people.

More on this litigation from the very thorough Copyrights and Campaigns blog - see All he wants to do is .....get himself sued?

The impugned DeVore video has apparently been removed by YouTube, replaced by the site's now-ubiquitous copyright infringement claim notice. TMZ has the details:

Henley demanded that YouTube take the video down and You Tube removed it, but YouTube reposted it after DeVore insisted it go back up. YouTube contacted Henley and said they would take it down only if Henley filed a lawsuit. Hence, the lawsuit.

....

Jackson Browne v. John McCain

In a related story, a U.S. District Court has allowed singer-songwriter Jackson Browne to continue his copyright infringement suit against John McCain over the former Republican Presidential candidate's use of Browne's classic, Running on Empty, in last year's unsuccessful election campaign. Music News reported on the February 2009 ruling:

The US District Court for the Central District of California has denied the motions of Senator John McCain and the Republican National Committee to stop the lawsuit filed by singer/ songwriter Jackson Browne for the unauthorized use of Browne's voice and song Running On Empty in a presidential campaign commercial. ...In a series of rulings on February 20, 2009, Judge Gary Klausner, rejected McCain's/RNC arguments that the First Amendment or copyright's fair use doctrine allows their unauthorized use of Browne's voice and song because the use occurred in a political campaign commercial.

Browne's attorney, Lawrence Iser,said; "The Court's decision is a solid victory for songwriters and performers and reflects an affirmation of their intellectual property rights and their freedom from being conscripted as involuntary endorsers of political candidates and campaign messages. We are happy that the Court recognized that persons and parties running for office are not entitled to violate an individual's intellectual property and publicity rights simply because they are engaged in political campaigns. We look forward to presenting Jackson Browne's case to the jury." You can read the Court’s Orders denying the RNC's motions here, here, here and here.

Also see the Washington Post on the Browne-McCain litigation.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Saturday, November 08, 2008

California Courthouse Arrest: Man Allegedly Drove Stolen Vehicle to His Auto Theft Trial

Dumb criminal alert here.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Saturday, November 01, 2008

Inside Proposition 8 - California's Same-Sex Marriage Debate

Dubbed Proposition Hate by its progressive opponents, an initiative on Tuesday's California's ballot seeks to roll back a May, 2008 decision of the California Supreme Court overturning the State's ban on same-sex marriage.

The ballot initiative calls for an amendment to the State Constitution to outlaw same-sex marriage and to provide that "only marriage between a man and a woman is valid or recognized in California."

The full text of the proposed law is as follows:

PROPOSITION 8

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.

This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

SECTION 1. Title

This measure shall be known and may be cited as the "California Marriage Protection Act."

SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:

SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Current polls show the initiative is likely heading for a narrow, (but in our view, welcome) defeat.

For some in California, however, the success of this referendum is an imperative of nearly Biblical proportion:

More information is available at No on Prop Hate.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Thursday, May 15, 2008

Gay Marriage Ban Overturned By California Supreme Court

MSNBC reports on a landmark ruling this morning by California's Supreme Court, declaring the state's ban on same sex marriage unconstitutional:

SAN FRANCISCO - The California Supreme Court has overturned a ban on gay marriage, paving the way for California to become the second state where gay and lesbian residents can marry.

The justices released the 4-3 decision Thursday, saying that domestic partnerships are not a good enough substitute for marriage in an opinion written by Chief Justice Ron George.

"Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest," the court said in a majority decision.

More from the majority's opinion:

Furthermore, in contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation, and, more generally, that an individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.

For the Court's complete opinion, see In Re: Marriage Cases.

More reading - the law blogs weigh in:

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Friday, April 18, 2008

Britney Spears' Lawyers...

... are getting a rather nice payday, acccording to CNN:

A court commissioner on Thursday authorized various lawyers representing Britney Spears and her family to be paid more than $372,500 out of Spears' funds.

Britney Spears' father has had control of her finances since her hospitalizations in January.

Commissioner Reva Goetz ordered the attorneys paid from
Spears' assets, which are under the control of her father, James Spears, and attorney Andrew Wallet. They have had control of the pop star's finances and estate since she was hospitalized twice in January.

More detail from Contact Music:

BRITNEY SPEARS has been hit with a legal bill of almost $400,000...

A Los Angeles court ordered the pop star to pay the cash to the numerous lawyers involved in all her legal affairs over the past three months.That includes her custody battle with ex-husband Kevin Federline and her conservatorship issues.

At a hearing on Thursday (17Apr08), Commissioner Reva Goetz ruled Spears' court-appointed attorney Samuel Ingham will continue to receive $10,000 a week and Andrew Wallet, the co-conservator of Spears' finances, will receive an advance of $100,000.

People.com reports Wallet has not received a salary for his services to Spears since taking over her estate issues with the pop star's father Jamie in February (08).

Meanwhile, the law firm which won Jamie Spears control of his daughter's affairs will also be advanced $175,000, and a lawyer representing the singer's brother Bryan Spears has been handed a $22,000 windfall.Finally, Spears' new divorce lawyer, Stacy Phillips, has been awarded $75,000.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Wednesday, March 05, 2008

California Same Sex Marriage Hearing

MSNBC reports:

The U.S. gay marriage debate shifted to California on Tuesday, as the state's highest court heard more than 3 1/2 hours of arguments on the constitutionality of a voter-approved law banning same-sex marriage.
Watch video of the proceeding from CalChannel:

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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