Technology and the Law

Examining the intersection of technology and the law, particularly focusing on the legal implications of technological developments.

Texting while someone else is driving may lead to liability in New Jersey

October 8, 2013

On September 21, 2009, eighteen-year-old Kyle Best was texting (pdf) when he crossed the double yellow lines of a New Jersey roadway in his Chevy pick-up truck and struck David and Linda Kubert on their motorcycle.  All three survived, but David and Linda each lost their left leg and suffered a number of other injuries. There was no dispute that Best was texting at the time of the accident.  Through Best’s cell phone records, obtained through discovery, the Kuberts’ attorney determined [...]

The FCC’s net neutrality rules: More neutral than necessary? [Updated]

July 18, 2013

Updated January 14, 2014: Today the U.S. Court of Appeals for the D.C. Circuit issued its opinion (pdf), striking down key portions of the FCC’s Open Internet rules discussed below.  FCC Chairman Thomas Wheeler issued a statement, forecasting that the FCC would consider “all available options, including those for appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the [...]

You have one new Facebook notification: You’ve been served

May 22, 2013

“You’ve been served” is something no one ever wants to hear, but what if while checking out your new friend requests on Facebook, you were also greeted with a notification of service?  While it seems far-fetched, Manhattan federal judge Paul Engelmayer ruled in March that U.S. Government lawyers could serve process on a group of defendants in India via Facebook. The Federal Rules of Civil Procedure require the method of service to be one reasonably calculated to give notice. Rule 4(f) of [...]
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