SOCIAL AND NEW MEDIA LAW
COURSE SYLLABUS
T, Th 2:30 PM
Fall 2012
Prof. Ursula Furi-Perry, Esq.
Ph: (978) 681-0800 x177
M: (978) 476-9704
ursula@mslaw.edu
DESCRIPTION:
This course will examine social and new media issues through the lens of law and policy. From
business law to entertainment law, from criminal law to employment law, social media continues
to touch upon many facets of the legal field—therefore, any savvy new lawyer should have a
working knowledge of some of the social media questions that may arise in his or her practice
and know where to find the answers. With the recent explosion in social networking and the use
of social media and new media, it is essential for attorneys and law students to understand the
trends in these new platforms when advising clients of the potential risks and pitfalls of social
media and social networking use.
LEARNING COMPETENCIES:
During the course, students will address and learn about the following topics:









privacy, anonymity, and accountability in the context of social networking;
sources and privacy issues faced by journalists;
the future of journalism and publishing in the context of new media;
the intersection of social media and the First Amendment;
social media issues in employment law;
social media and education law;
copyright and fair use in the context of new media;
peer-to-peer file sharing;
the Digital Millennium Copyright Act (DMCA) and the proposed PROTECT IP Act;






new media and its impact on mass communications laws;
social media and litigation—from “tweeting” jurors (and jurors who “tweet”) to
messaging witnesses to “friending” judges;
bloggers, user-created content, “citizen journalism,” and the like;
social media-related cybercrime and its prosecution;
the intersection of social medial law and new business models, and implications on
business law and contract law;
virtual law practice and the role of social and new media in representing clients,
specifically in the business of law practice and in issues of professionalism.
GRADING:




Three practical assignments testing social media law issues in practice: 10 points each
(total of 30 points)
Three in-class essays testing social media law in the context of issues that may be tested
on the Massachusetts bar exam: 10 points each (total of 30 points)
A final examination testing questions in essay format: 30 points
One comprehensive class assignment to involve significant use of social media and
require the participation of each student (such as a class-created blog or wiki): 10 points
TOPICS AND ASSIGNMENTS:
(Note: additional assignments may be distributed)
BLOCK ONE:
August 21-30
TOPICS:




Copyright and fair use in the context of social and new media
Peer-to-peer file sharing
The Digital Millennium Copyright Act
The proposed SOPA and PIPA bills
ASSIGNMENTS FOR THE FIRST TWO WEEKS:
Prepare the following for this topic:











Hendrickson v. Ebay Inc., 165 F. Supp. 2d 1082 (C.D. Cal. 2001)
In re: AIMSTER COPYRIGHT LITIGATION., 334 F.3d 643 (7th Cir. 2003)
Ellison v. Robertson, 357 F. 3d 1072 (9th Cir. 2004).
CORBIS CORP. v. AMAZON.COM, INC., 351 F.Supp.2d 1090 (2004)
PERFECT 10, INC. v. CCBILL LLC, 481 F.3d 751 (2007)
Playboy Enterprises, Inc. v. Netscape Communications Corp., 354 F. 3d 1020 (9th Cir.
2004)
Rescuecom Corp. v. Google, Inc., 2009 U.S. App. LEXIS 7160 (2d Cir. 2009)
In re Verizon
Tiffany v. eBay
The Digital Millennium Copyright Act
The proposed SOPA and PIPA bills
In-class practical assignment on Thursday, 8/30
BLOCK TWO:
September 4-20
TOPICS:



The intersection of social media and the First Amendment
Bloggers, user-created content, and “citizen journalism”
Social media and education law
ASSIGNMENTS:
Prepare the following for this topic:











The Communications Decency Act, 42 U.S.C. 230
Reno v. ACLU, 521 U.S. 844
Ashcroft v. ACLU, 542 U.S. 656 (2004)
In re Subpoena Duces Tecum of America Online, Inc., 52 Va. Cir. 26 (2000)
Doe I and Doe II v. Individuals, Whose True Names are Unknown, 2008 WL 2428206
(D. Conn., 2008)
Doe v. 2TheMart.com, Inc., 140 F. Supp. 2d 1088 (W.D. Va. 2001)
Doe v. Cahill
Cubby, Inc. v. CompuServe, Inc., 776 F. Supp. 135 (S.D.N.Y. 1991)
Stratton Oakmont, Inc. v. Prodigy Services Company, 1995 WL 323710 (N.Y. Sup. 1995)
Barnes v. Yahoo!, Inc., 570 F. 3d 1096 (9th Cir. 2009)
Krinsky v. Doe 6






Snyder v. Blue Mountain School District
Layshock v. Hermitage School District
Byrnes v. Johnson Community College et al.
Finkel v. Dauber, 906 N.Y.S.2d 697 (2010)
Wolfe v. Fayetteville Arkansas School District
Massachusetts Session Laws: Chapter 92 of the Acts of 2010
In-class essay on Thursday, September 20
BLOCK THREE:
September 25-October 4
TOPICS:



The intersection of social medial law and new business models
Implications on business law and contract law
Social media issues in employment law
ASSIGNMENTS:
Prepare the following for this topic:
















Computer Fraud and Abuse Act, 18 USC 1030
Barclays v. THEFLYONTHEWALL.COM, 06 Civ. 4908 (S.D. NY 2010)
Tagged, Inc. v. Vogeler, 2010 U.S. Dist. LEXIS 5428 (N.D. Ca. 2010)
National Basketball Association v. Motorola
International News Service v. Associated Press
Phonedog v. Kravitz
Selected NLRB cases
Pietrylo v. Hillstone Restaurant Group, 2009 U.S. Dist. LEXIS 88702 (D.N.J. 2009)
In re City of Philadelphia, 127 LA 1384, AAA Case No. 14-390-00983-07 (2010)
Marshall v. Mayor of Savannah, 366 Fed. Appx. 91 (11th Cir. Ga. 2010)
In re Hispanics United, 3-CA-27872 (2011)
Bland v. Roberts, Civil Action No. 4:11cv45 (E.D. Va. 2012)
Stein v. Dowling, 12-CV-0816-H (S.D. Ca. 2012)
Cromer v. Lexington-Fayette Urban County Government
San Diego v. Roe
Selected social media policies
In-class practical assignment on Thursday, October 4
BLOCK FOUR:
October 9-18
TOPICS:


Social media and litigation—from “tweeting” jurors (and jurors who “tweet”) to
messaging witnesses to “friending” judges
Virtual law practice and the role of social and new media in representing clients,
specifically in the business of law practice and in issues of professionalism
ASSIGNMENTS:
Prepare the following for this topic:










Mackelprang v. Fidelity National Title Agency, 2007 U.S. Dist. LEXIS 2379 (D.Nev.
2007)
EEOC v. Simply Storage Management, 270 F.R.D. 430 (S.D. Ind. 2010)
Largent v. Reed, et al, 2009-1823
McMillen v. Hummingbird Speedway, Inc., No. 113-2010 CD
Tompkins v. Metropolitan Airport, 10-10413 (E.D. Md. 2012)
Zimmerman v. Weis Markets
Offenback v. Bowman
In re Lester
“Rakofsky v. The Internet” materials
Selected regulatory and ethics guidelines
In-class essay on Thursday, October 18
BLOCK FIVE:
October 23-November 1
TOPICS:


Privacy, anonymity, and accountability in the context of social networking
Sources and privacy issues faced by journalists
ASSIGNMENTS:
Prepare the following for this topic:














Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997)
Konop v. Hawaiian Airlines, Inc., 302 F. 3d 868 (9th Cir. 2002)
In re DoubleClick Inc. Privacy Litigation
O’Grady v. Superior Court, 44 Cal. Rptr. 3d 72 (Cal. Ct. App. 2006)
Jean v. Massachusetts State Police, 492 F.3d 24 (1st Cir. 2007)
State v. Reid, 945 A. 2d 26 (N.J. 2008)
City of Ontario v. Quon, 130 S. Ct. 2619 (2010)
Stengart v. Loving Care Agency
Van Alstyne v. Electronic Scriptorium
Dentrite v. Doe
18 U.S.C. 2707(a), The Stored Communications Act
18 U.S.C. 1030, COPPA of 2003
15 U.S.C. 7701 et seq.
Selected privacy policies
In-class practical assignment on Thursday, November 1
BLOCK SIX:
November 6-15
TOPICS:


Social media-related cybercrime and its prosecution
Criminal procedure and social media
ASSIGNMENTS:
Prepare the following for this topic:









Doe v. Jindal, 11-554-BAJ-SCR (M. D. La. 2012)
U.S. v. Morris
U.S. v. Drew
U.S. v. Nosal
U.S. v. Phaknikone
People v. Harris, 2012 WL 1381238
US v. Warshak
US v. Fumo, 655 F. 3d 288 (3rd Cir. 2011)
Griffin v. Maryland, 1132 (2008)





Commonwealth v. Werner, 81 Mass. App. Ct. 689 (2012)
People v. Harris, 2012 WL 1381238
Commonwealth v. Proetto
A.B. v. State of Indiana
Jane Doe v. Myspace
In-class essay on Thursday, November 15
BLOCK SEVEN:
November 20-29
TOPICS:



The future of journalism and publishing in the context of new media
New media and its impact on mass communications laws
Review
ASSIGNMENTS:
Prepare the following for this topic:

Materials to be provided