Jessica Kaufman

Latest Articles

Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and connection-through-sharing to levels unparalleled at any point in history. With this new universe of limitless dissemination often comes the stripping away of privacy, and “revenge porn,” a relatively new but seemingly inevitable outgrowth of social media and the Internet, is…
Contractual provisions giving a website operator the unilateral right to change its end user terms of service are ubiquitous and appear in the online terms of many major social media sites and other websites, including Facebook, Twitter, Instagram and Google. Although amendments to terms of service quite often cause consumers to complain, litigation regarding such changes is relatively rare. A recent decision from the U.S. District Court in the Northern District of Ohio, however,…
On top of a presidential election, protests over Instagram’s terms of use, and the invention of gloves that can translate sign language, 2012 also brought to light interesting constitutional issues involving public entities’ use of social media when a citizens’ group filed suit against the City and County of Honolulu for “violations of [the group’s] freedoms of speech” based on the Honolulu Police Department’s removal of several postings by the group from the Department’s official…
Late last year, Superior Court Judge David Ironson in Morristown, New Jersey, declined to dismiss an indictment of identity theft against Dana Thornton, who allegedly created a false Facebook page that portrayed her ex-boyfriend, narcotics detective Michael Lasalandra, in a highly unfavorable light.  According to the prosecution, Thornton used the page to impersonate her ex-boyfriend, publishing posts through which the false “Lasalandra” admitted to using drugs, hiring prostitutes and contracting a sexually transmitted disease. Thornton’s…
In its recent opinion in Perfect 10, Inc. v. Google, Inc., the Ninth Circuit Court of Appeals upheld a district court ruling that a copyright infringement plaintiff’s showing of likely success on the merits is not in itself sufficient to warrant injunctive relief, particularly absent the plaintiff’s separate demonstration that it will suffer irreparable harm. The case – the latest skirmish in the long-running battle between Perfect 10 and Google – involved Google’s process for…
The Federal Election Commission (“FEC”) has promulgated extensive regulations requiring political advertisements to include disclaimers notifying viewers about who has paid for such ads.  In certain situations where it would be impracticable to include disclaimers, the FEC provides exceptions, but how do these exceptions apply to the small advertisements commonly found on the Internet? Facebook recently provided its own answer to that question in a 14-page letter prepared by its lawyers, calling for the FEC…