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Paul Levy
Cyberlitigator on free speech issues at Public Citizen
Recent Activity
by Paul Alan Levy Over at Techdirt, Tim Cushing points us to a bizzare situation in the Ninth Circuit rule in which the Reporters Committee for Freedom of the Press was required to file its amicus brief supporting EFF’s position... Continue reading
Posted 3 days ago at CL&P Blog
by Paul Alan Levy When I was pulling together my recent analysis of Hadeed Carpet Cleaning’s assertion that its negative reviews had appeared on Yelp only after it pulled its advertising from Yelp, I figured that it might be helpful... Continue reading
Posted 7 days ago at CL&P Blog
by Paul Alan Levy Following the recent decision of the Virginia Court of Appeals affirming the enforcement of a subpoena to Yelp by Hadeed Carpet Cleaning, demanding the identities of seven anonymous reviewers, and our petition to the Virginia Supreme... Continue reading
Posted Apr 8, 2014 at CL&P Blog
by Paul Alan Levy I blogged recently about several of the issues raised by Cindy Lee Garcia's copyright claims against Google, which we addressed in an amicus brief filed well before the amicus due date, specifically to give her the... Continue reading
Posted Apr 3, 2014 at CL&P Blog
by Paul Alan Levy I have blogged a few times about the libel suit brought by Washington, DC contractor Christopher Dietz against one of his customers, Jane Perez, who posted on Angie’s List and Yelp unfavorable reviews of his work... Continue reading
Posted Mar 28, 2014 at CL&P Blog
by Paul Alan Levy When I first read Judge Kozinski’s decision for a majority of a panel of the Ninth Circuit, holding that Cindy Lee Garcia, who has received death threats because her role in the movie Innocence of Muslims... Continue reading
Posted Mar 26, 2014 at CL&P Blog
by Paul Alan Levy I heard last week from another lawyer in a Doe case that I am currently litigating about an order from a Philadelphia trial judge, requiring, the web site of Philadelphia’s two daily newspapers, to disclose... Continue reading
Posted Mar 12, 2014 at CL&P Blog
by Paul Alan Levy After Dwayne Cooney left his car overnight for service at Jim Butler Chevrolet in Fenton, Missouri, and was told his car had required 5-1/2 hours work, he paid the bill in full. But he was curious... Continue reading
Posted Mar 5, 2014 at CL&P Blog
by Paul Alan Levy Recently I had the pleasure of participating in a moot court at Georgetown Law Center’s Supreme Court Institute for the upcoming Supreme Court argument in Octane Fitness v. Icon Health & Fitness, in which the Court... Continue reading
Posted Feb 21, 2014 at CL&P Blog
by Paul Alan Levy This week Public Citizen became involved in a case pending in a trial court in Alabama, in which a lawyer is handling both a mass action and a class action against an exterminating company named A-1... Continue reading
Posted Feb 20, 2014 at CL&P Blog
by Paul Alan Levy Somewhat more than 25 years ago, I represented a federal prisoner named Brett Kimberlin who made a sensational accusation against a sitting Senator who was running for Vice-President – Kimberlin claimed that, during his extensive career... Continue reading
Posted Feb 18, 2014 at CL&P Blog
by Paul Alan Levy Late last month, we went to trial on a motion for sanctions against Med Express, the company that received widespread condemnation last year for suing two eBay customers who had the temerity to leave truthful but... Continue reading
Posted Feb 4, 2014 at CL&P Blog
A bit over a year ago, I discussed on this blog a petition that we filed in the Virginia Supreme Court seeking to set aside a preliminary injunction issued by a state trial judge in a defamation suit filed by... Continue reading
Posted Jan 31, 2014 at CL&P Blog
by Paul Alan Levy In a decision issued yesterday morning, the Virginia Court of Appeals parted company with appellate decisions in eleven other states and held that the First Amendment allows a court to compel the identification of a company’s... Continue reading
Posted Jan 8, 2014 at CL&P Blog
by Paul Alan Levy A decision yesterday by a panel of the Michigan Court of Appeals shows that First Amendment protections, and particularly protection for online anonymity, is alive and well in Michigan. Ruling in Ghanam v. Doe, the Court... Continue reading
Posted Jan 3, 2014 at CL&P Blog
by Paul Alan Levy In the wake of recent coverage of an attempt by the online trinket company to ruin the credit of a customer whose wife complained about Kleargear’s failure to send an order of Christmas gifts, in... Continue reading
Posted Jan 2, 2014 at CL&P Blog
by Paul Alan Levy Whatever happens as a result of Judge Leon's decision this week and whatever comes of today's recommendations from the intelligence review panel, we cannot forget who it was who helped our country get to the stage... Continue reading
Posted Dec 18, 2013 at CL&P Blog
The blogosphere has been humming with concern about a subpoena from the Attorney General of New York seeking to identify AirBnB users who are likely renting out their apartments in violation of local law. It appears, however, that the AG... Continue reading
Posted Dec 18, 2013 at CL&P Blog
Dan Steinberg questions whether Google would face liability, comparing it to a store or manufacturer that supplies a device used for recording. But Google does more than supply the device: it also stores the data, and uses that data for its own commercial purposes. "Woody Weaver" suggests that anybody who sees someone appear wearing Google glass should bloody well know they are being recorded. But even if we assume such knowledge, which I doubt, the statutes in the all-party consent states require more than notice: they require consent.
by Paul Alan Levy Scott Cleland’s weekly anti-Google rant raises the question whether Google’s recording of conversations through Google Glass, and Google’s use of those recordings as a source of data for its commercial operations, might run afoul of federal... Continue reading
Posted Dec 9, 2013 at CL&P Blog
by Paul Alan Levy KB Home has built new homes in several major markets throughout the United States, but its construction projects have left a trail of unhappy homeowners complaining about shoddy construction in several of those locations, such as... Continue reading
Posted Dec 2, 2013 at CL&P Blog
by Paul Alan Levy In response to aggressive reporting on the blog Digital Music News about the contract terms that Apple has imposed on independent labels that lack the economic clout to negotiate their own specific deals regarding iTunes Radio,... Continue reading
Posted Nov 21, 2013 at CL&P Blog
by Paul Alan Levy One of the sweetest things that Public Citizen does each year is recognize a long-time public interest staffer whose work is vital to that staffer's organization, but whose work is sufficiently behind-the-scenes that he or she... Continue reading
Posted Nov 20, 2013 at CL&P Blog
by Paul Alan Levy The major ruling of the day: Circuit Judge Denny Chin, sitting as a trial judge because he retained the case after being promoted to the Second Circuit, has granted summary judgment rejecting the Authors Guild’s copyright... Continue reading
Posted Nov 14, 2013 at CL&P Blog
Response to rxantos: You would be correct if DHS had advanced a copyright claim, but this is a trademark-type claim, and not one made under the Lanham Act but under statutes that particularly regulate the use of official agency seals. You can find more detail about those statutes if you read paragraphs 12 and 13 of the complaint, which is linked from the post above; the post also has a hyperlink to the text of one of the statutes that DHS cited.