From pli’s Course Handbook Communications Law in the Digital Age 2009
Teenage Girl in England Jailed for Bullying on Facebook
Download 445.44 Kb.
|
- Navigate this page:
- F. Chinese Social Networking Sites Go Offline
6. Teenage Girl in England Jailed for Bullying on Facebook An 18-year-old girl who posted death threats on Facebook became the first person in Great Britain to be jailed for bullying on a social networking site when she pleaded guilty to harassment on Aug. 21, 2009.311 Keeley Houghton, of Malvern, Worcestershire, was sentenced to three months in a juvenile offenders’ institution. On July 12, 2009, Houghton had updated her Facebook status to say: “Keeley is going to murder the bitch. She is an actress. What a [f***ing] liberty. Emily [F***head] Moore.” Houghton had two previous convictions in connection with Moore, who is also 18 years old, dating back to 2005, for assault and damaging Moore’s property. Houghton told police that she wrote the death threats late at night while she was drunk and had no memory of doing so. However, police say Internet records show Houghton wrote the threatening message at 4 p.m. July 12 and kept it on her page for 24 hours.312 The Daily Mail in London reported that people in Great Britain have previously been jailed for harassment and stalking on social networking sites, but that Houghton is believed to be the first to be jailed for online bullying.313
Many of the sites that went offline posted messages on their home pages saying that the sites were down due to maintenance. The blockages may have been triggered by the government’s desire to stifle expression commemorating the 20th anniversary of the Tiananmen Square demonstrations. The periodic shut downs continued into July when the Associated Press reported that Digu and Zuosa, two Chinese micro-blogging sites similar to Twitter, had been shut down for maintenance. A spokeswoman for Digu said, “It’s a sensitive period, so we are not in a rush to re-open it.” She added that the company recently had to remove politically sensitive material users posted to the site.315 Canaves wrote that it can be difficult to determine what causes certain Web sites to be inaccessible to users in China. “Government officials don’t address the blocking of specific Web sites, and when Internet companies take themselves offline, authorities can plausibly say that these are private business decisions that have nothing to do with them,” Canaves wrote. The Associated Press reported that beginning in March 2009, users could not access YouTube after a video appeared on the site allegedly showing Chinese security officials mistreating Tibetans.316 1 Behavioral Advertising: Industry Practices and Consumers’ Expectations, Before the House Subcomm. on Communications, Technology and the Internet and House Subcomm. on Commerce, Trade and Consumer Protection, 111th Cong. (June 18, 2009) (opening statement of Rep. Rick Boucher, chair of House Internet Subcommittee). 2 Id. 3 The House Subcommittee on Communications, Technology and the Internet held a hearing titled, “Communications Networks and Consumer Privacy: Recent Developments,” on April 23, 2009. The same subcommittee also held a joint hearing with the House Subcommittee on Commerce, Trade and Consumer Protection titled, “Behavioral Advertising: Industry Practices and Consumers’ Expectations,” on June 18, 2009. The House Internet subcommittee held a hearing titled, “Broadband Providers and User Privacy” on July 17, 2008. In the Senate, these hearings have been held: “Privacy Implications of Online Advertising” before the S. Comm. on Commerce, Sci. & Transp., 110th Cong. (July 9, 2008) and “Broadband Providers and Consumer Privacy” before the S. Comm. on Commerce, Sci. & Transp., 110th Cong. (Sept. 25, 2008). 4 Boucher, supra note 1. 5 Communications Networks and Consumer Privacy, (April 23, 2009) (statement of Ben Scott, Policy Director, Free Press). 6 Communications Networks and Consumer Privacy, (April 23, 2009) (statement of Marc Rotenberg, executive director of the Electronic Privacy Information Center). 7 Amy Schatz, Lawmakers Blast Internet Data Collection, Wall St. J., June 19, 2009, at B3. 8 Behavioral Advertising, (June 18, 2009) (statement of Anne Toth, Vice President for Policy and Head of Privacy at Yahoo! Inc.). 9 Communications Networks and Consumer Privacy, (April 23, 2009) (statement of Kyle McSlarrow, President and CEO, National Cable and Telecommunications Association). 10 Communications Networks and Consumer Privacy, (April 23, 2009) (statement of Leslie Harris, President and CEO of the Center for Democracy and Technology). 11 Behavioral Advertising, (June 18, 2009) (statement of Chris Kelly, Chief Privacy Officer, Facebook). 12 Behavioral Advertising, (June 18, 2009) (statement of Nicole Wong, Deputy General Counsel, Google Inc.). 13 Communications Networks and Consumer Privacy, (April 23, 2009) (statement of Dorothy Atwood, Senior Vice President for Public Privacy and Chief Privacy Officer at AT&T Inc.) 14 Andrew Feinberg, Congress to Reexamine Consumer Privacy on Broadband Networks, BroadbandCensus.com, April 23, 2009. 15 Harris, supra note 10. 16 FTC Staff, Self-Regulatory Principles For Online Behavioral Advertising (Feb. 12, 2009), available at www.ftc.gov/os/2009/02/P085400behavadreport.pdf. 17 FTC Staff, Online Behavioral Advertising: Moving the Discussion Forward to Possible Self-Regulatory Principles (Dec. 20, 2007), available at www.ftc.gov/os/2007/12/P859900stmt.pdf. 18 Concurring Statement of FTC Commissioner Pamela Jones Harbour (February 2009), available at www.ftc.gov/os/2009/02/P085400behavadharbour.pdf. 19 Concurring Statement of FTC Commissioner Jon Leibowitz (February 2009), available at www.ftc.gov/os/2009/02/P085400behavadleibowitz.pdf. 20 Tresa Baldas, Everybody’s Getting on Case Against Bad Ads, The National Law Journal, Aug. 19, 2009. 21 Valentine v. NebuAd, Inc., No. 3:08-cv-05113 (N.D. Calif. Nov. 10, 2008). 22 Simon v. Adzilla, Inc., No. C09-00879 (N.D. Calif. Feb. 27, 2009). 23 Baldas, supra note 20. 24 Stephanie Clifford, Industry Tightens Its Standards for Tracking Web Surfers, N.Y. Times, July 1, 2009, at B4. 25 “Self Regulatory Principles for Online Behavioral Advertising,” available at www.bbb.org/us/Storage/0/Shared Documents/online-ad-principles.pdf. 26 Clifford, supra note 24. 27 Id. 28 Web Advertisers Propose Self-Regulation Principles, Reuters, July 2, 2009, www.reuters.com/article/internetNews/idUSTRE5610UE20090702. 29 The four European Union directives that constitute EU consumer protection are: Council Directive 93/13/EEC on Unfair Contract Terms; Directive 1999/44/EC Sale for Consumer Goods and Associated Guarantees; Directive 97/7/EC Distance Selling; and Council Directive 85/577/EEC Doorstep Selling. 30 Press Release, European Comm’n, Consumers: Comm’n proposes EU-wide rights for shoppers (Oct. 8, 2008) available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1474. 31 European Commission, Proposal for a Directive of the European Parliament and of the Council on Consumer Rights, is available at http://ec.europa.eu/consumers/rights/docs/COMM_PDF_COM_2008_0614_F_EN_PROPOSITION_DE_DIRECTIVE.pdf. 32 Press Release, supra, note 30. 33 Press Release, United Kingdom Parliament, EU Consumer Rights Directive: getting it right (July 15, 2009) available at www.parliament.uk/parliamentary_committees/lords_press_notices/pn150709eub.cfm. 34 Meglena Kuneva, European Commissioner for Consumer Affairs, Keynote Speech at European Consumer Summit, Roundtable on Online Data Collection, Targeting and Profiling (Mar. 31, 2009) (transcript available at http://ec.europa.eu/commission_barroso/kuneva/speeches_en.htm). 35 Press Release, Office of Fair Trading, OFT Seeks Views Ahead of Study Into Advertising and Pricing (Aug. 19, 2009), available at http://www.oft.gov.uk/news/press/2009/103-09. 36 Id. 37 Act To Prevent Predatory Marketing Practices Against Minors, Chapter 230 LD 1183 (2009), available at http://www.mainelegislature.org/legis/bills/bills_124th/chappdfs/PUBLIC230.pdf. 38 Harry A. Valetk, Child Proofing Your Ads: New Maine Law Restricts Marketing to Minors, Law.com, Aug. 4, 2009, http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202432718414. 39 Zusha Elinson, Google Rebounds in AdWords Lawsuits, The Recorder, Aug. 4, 2009, http://www.law.com/jsp/PubArticle.jsp?id=1202432782096. 40 Rescuecom Corp. v. Google, Inc., 562 F.3d 123 (2nd Cir. 2009). 41 Eric Goldman, Technology & Marketing Law Blog, http://blog.ericgoldman.org/archives/2009/08/google_goes_on.htm (Aug. 3, 2009, 15:51 EST). 42 John Beck Amazing Profits, LLC v. Google Inc., 2:2009cv00151 (E.D. Tex. complaint filed May 14, 2009). 43 Google Inc. v. John Beck Amazing Profits, LLC, C09 03459 (N.D. Cal. complaint filed July 27, 2009). 44 Elinson, supra note 39. 45 Jurin v. Google Inc., CV 09-03934 (C.D. Cal. complaint filed June 2, 2009). 46 Ascentive, LLC v. Google, Inc., 2:09-cv-02871-JS (E.D. Pa. complaint filed June 25, 2009). 47 Elinson, supra note 39. 48 Guides Concerning the Use of Endorsements and Testimonials in Advertising, 73 Fed. Reg. 72374-72395 (Nov. 28, 2008), available at http://frwebgate5.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=919604171022+1+2+0&WAISaction=retrieve. 49 Deborah Yao, Associated Press business reporter, FTC Plans to Monitor Blogs for Claims, Payments, Pantagraph.com, June 22, 2009, available at www.pantagraph.com/business/article_10e2022c-61d4-11de-bb81-001cc4c002e0.html. 50 Pradnya Joshi, When a Blogger Voices Approval, a Sponsor May Be Lurking, N.Y. Times, July 13, 2009, at B1. 51 Yao, supra note 49. 53 Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003, 72 Fed. Reg. 63718, 63769-71 (Nov. 9, 2007) (FTC rules codified at 16 C.F.R. § 681.1). 54 Press Release, Federal Trade Commission, FTC Announces Expanded Business Education Campaign on ‘Red Flags’ Rule (July 29, 2009), available at www.ftc.gov/opa/2009/07/redflag.shtm. 55 Sylvia Hsieh, Warning: Identity theft ‘red flag’ rule enforcement delayed by FTC, The Minnesota Lawyer, May 11, 2009. 56 Posting of David Ingram to The BLT: The Blog of LegalTimes, http://legaltimes.typepad.com/blt/2009/07/bar-association-plans-for-litigation-over-ftc-rules.html (July 22, 2009, 15:10 EST). 57 Press Release, Statement of ABA President H. Thomas Wells Jr., Re: FTC Announcement Regarding “Red Flags” Rule and Lawyers, July 29, 2009, available at www.abanet.org/abanet/media/statement/statement.cfm?releaseid=731. 58 72 Fed. Reg. at 63742. 59 The FTC has created a guide for entities subject to the red flags rule. “Fighting Fraud With The Red Flags Rule: A How-To Guide for Business” can be found at www.ftc.gov/bcp/edu/pubs/business/idtheft/bus23.pdf. 60 Press Release, Federal Trade Commission, FTC Announces Expanded Business Education Campaign on ‘Red Flags’ Rule (July 29, 2009), available at www.ftc.gov/opa/2009/07/redflag.shtm. 61 The National Conference of State Legislatures has compiled a list of the existing state security breach notification laws. The list and links to the laws are available at http://www.ncsl.org/default.aspx?tabid=13489. 62 See Personal Data Privacy and Security Act, S. 495, 110th Cong. (2007); Personal Data Privacy and Security Act, S. 1789, 109th Cong. (2005). 63 Health Insurance Portability and Accountability Act (HIPAA) 42 U.S.C. §§ 1320d-1320d-8 (2006). 64 Press Release, U.S. Dept. of Health and Human Services, HHS Issues Rule Requiring Individuals Be Notified of Breaches of Their Health Information (Aug. 19, 2009), available at http://www.hhs.gov/news/press/2009pres/08/20090819f.html. 65 The final interim rule regulations are available at http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/federalregisterbreachrfi.pdf. 66 Gina M. Kastel and Maureen M. Maly, HIPAA Security Breach Notification Rule Refines Key Terms, Faegre & Benson, Aug. 20, 2009, available at http://www.faegre.com/showarticle.aspx?Show=10116. 67 Id. 68 Guidance Specifying the Technologies and Methodologies That Render Protected Health Information Unusable, Unreadable or Indecipherable to Unauthorized Individuals for Purposes of the Breach Notification Requirements Under Section 13402 of Title XIII (Health Information Technology for Economic and Clinical Health Act) of the American Recovery and Reinvestment Act of 2009, 74 Fed. Reg. 19,006 (April 27, 2009). 69 Press Release, U.S. Dept. of Health and Human Services, supra note 64. 70 Kastel and Maly, supra note 66. 71 Id. 73 Identity Theft Penalty Enforcement Act, 18 U.S.C. § 1028A (2006). 74 Flores-Figueroa, 129 S.Ct. at 1890. 75 Id. at 1896. 76 Id. at 1893. 77 Peter R. Moyers, Butchering Statutes: The Postville Raid and the Misinterpretation of Federal Criminal Law, 32 Seattle U. L. Rev. 651, 708 (Spring 2009). 78 David G. Savage, ID theft law limited in cases of illegal workers, Chi. Trib., May 5, 2009, at C12. 79 Press Release, U.S. Immigration and Customs Enforcement, 652 businesses nationwide served with audit notices today (July 1, 2009), available at www.ice.gov/pi/nr/0907/090701washington.htm. 80 H.R. 137, 111th Cong. (2009). 81 Alessandro Acquisti and Ralph Gross, Predicting Social Security Numbers From Public Data, 106 Proceedings of the National Academy of Sciences 10975-10980 (July 7, 2009). 82 Brian Krebs, SSNs Not All That Hard to Guess, Study Finds, Wash. Post, July 7, 2009, at A2. 83 S. 141, 111th Cong. (2009); H.R. 122, 111th Cong. (2009). 84 Randolph E. Schmid, What’s Your Social Security Number? Researchers Say It’s Surprisingly Easy to figure Out, Chi. Trib., July 6, 2009. 85 Torsten Ove, CMU Study Finds Social Security IDs Easy to Predict, Pittsburgh Post-Gazette, July 7, 2009, at A1. 86 Standards for the Protection of Personal Information of Residents of the Commonwealth, 201 CMR 17.00, Massachusetts Office of Consumer Affairs and Business Regulation. 87 Press Release, Massachusetts Office of Consumer Affairs and Business Regulation (OCABR), Business Community Given Additional Time to Comply with Identity Theft Prevention Regulations, (November 14, 2008). 88 New. Rev. Stat. § 597.790 (2008). 89 Nevada Senate Bill 227, which Nevada Gov. Jim Gibbons signed on May 29, 2009, is available at www.leg.state.nv.us/75th2009/Bills/SB/SB227_EN.pdf. 90 Answers to frequently asked questions about the regulations are available at www.mass.gov/Eoca/docs/idtheft/201CMR17faqs.pdf. 91 For an overview of state law enforcement of privacy and data protection laws, see Martha Coakley, Office of the Attorney General of Massachusetts, Privacy Protection, Safety and Security: A State Law Enforcement Perspective, 2 Communications Law in the Digital Age 2008, 121-41 (2008). 92 Ben Worthen, New Data Privacy Laws Set For Firms, Wall St. J., Oct. 16, 2008, at B1. 93 Vietnam Veterans of America, Inc. v. Nicholson, Settlement Agreement 43-090205-111X (D. D.C. Jan. 27, 2009) (No. 06-0506) 94 Nicholson, Complaint No. 74-060623-002C) (D. D.C. June 13, 2006). 95 Nicholson, Order Granting Motion for Preliminary Approval of Class Action Settlement, (D. D.C. Feb. 11, 2009). 96 Krottner v. Starbucks Corp., Complaint No. C09-0216 (W.D. Wash. Feb. 19, 2009). 97 Starbucks sent the security breach notification letter to the Office of the Maryland Attorney General under MD. Com. Law § 14-3504(h), the state’s security breach notification law. A copy of the letter is available at http://www.oag.state.md.us/idtheft/Breach%20Notices/ITU-162130.pdf. 98 Ruiz v. Gap, Inc., Complaint No. 43-071206-006C (N.D. Cal. Nov. 13, 2007). See also Posting of Hunton & Williams LLP to Privacy and Information Security Law Blog, http://www.huntonprivacyblog.com/2009/04/articles/identity-theft/data-breach-identity-theft-risk-insufficient-to-support-claims/ (Apr. 13, 2009). 99 Ruiz, 622 F. Supp. 2d at 914. 100 Id. at 917. 101 Leysoto v. Mama Mia I., Inc., 255 F.R.D. 693, 699 (S.D. Fla. 2009). 102 Leone v. Commissioner, Indiana Bureau of Motor Vehicles, 906 N.E.2d 172, 180 (Ind. App. 2009). 103 Leone, 906 N.E.2d at 182. 104 In re: Hannaford Bros. Co. Customer Data Security Breach, 613 F. Supp. 2d 108, 119 (D. Me. 2009). 105 Securities and Exchange Commission v. Dorozhko, No. 08-0201-cv, 2009 U.S. App. LEXIS 16057 *6 (2nd Cir. July 22, 2009). 106 Dorozhko, 2009 U.S. App. LEXIS 16057 *2-4. 107 See Chiarella v. United States, 445 U.S. 222 (1980); United States v. O’Hagan, 521 U.S. 642 (1997); SEC v. Zandford, 535 U.S. 813 (2002). 108 Dorozhko, 2009 U.S. App. LEXIS 16057 *18. 109 Id. at *25. 110 Associated Press, Ex-Informant Charged With Even Bigger Data Theft This Time, Chi. Trib., Aug. 18, 2009, available at http://www.chicagotribune.com/news/nationworld/la-na-hacker18-2009aug18,0,7514928.story. 111 Press Release, United States Department of Justice, U.S. Attorney, District of New Jersey, Three Men Indicted for Hacking into Five Corporate Entities, including Heartland, 7-Eleven, and Hannaford, With Over 130 Million Credit and Debit Card Numbers Stolen, Aug. 17, 2009, available at http://www.usdoj.gov/usao/nj/press/press/files/pdffiles/gonz0817%20rel.pdf. 112 Associated Press, supra note 110. 113 Press Release, United States Department of Justice, U.S. Attorney, District of New Jersey, supra note 111. 114 Posting of Erik Schonfeld to TechCrunch, http://www.techcrunch.com/2009/07/16/twitters-internal-strategy-laid-bare-to-be-the-pulse-of-the-planet/ (July 16, 2009). 115 Id. 116 Al Tompkins, Directory: emktg emktg -> From pli’s Course Handbook Parallel Proceedings in Securities Cases emktg -> From pli’s Course Handbook emktg -> From pli’s Course Handbook emktg -> From pli’s Course Handbook Download 445.44 Kb. Share with your friends:
|