supreme court

Will Supreme Court protect your right to resell your own stuff?

The U.S. Supreme Court spent this morning wrestling with an obscure section of copyright law that could curb listings of used DVDs, CDs, books, and even GPS devices through marketplaces including eBay and Amazon.com.

Large copyright holders -- including software companies, the Motion Picture Association of America, and the Recording Industry Association of America -- have urged the court to limit Americans' right to resell legally purchased products manufactured outside the United States.

Many of the justices seemed skeptical. Justice Stephen Breyer suggested that the copyright holders' reading of the law would invoke a parade of "horribles,&… Read more

Philippines court halts a contentious cybercrime law

Days after a strict cybersecurity law went into effect in the Philippines, the country's Supreme Court suspended it.

According to the Associated Press, the court issued a temporary restraining order to freeze the government's enforcement of the Cybercrime Prevention Act 2012. Justice Secretary Leila de Lima said the law will be suspended for 120 days. The court plans to hear oral arguments from the law's supporters and critics in January.

President Benigno Aquino III signed the law last month and it became official last week. There were no reports of anyone violating the law.

Thousands of people … Read more

Supreme Court closes door on warrantless eavesdropping suit

The long-standing warrantless spying case ended at the hands of the Supreme Court today. After six years of working its way up through the courts, the Electronic Frontier Foundation's lawsuit against the National Security Agency -- which aimed to hold telecom companies liable for allowing government eavesdropping on U.S. residents -- was terminated.

The Supreme Court declined to review a lower court ruling on the case today, closing the door on further appeals. Its decision did not address the merits of the case.

Hepting v. AT&T was a class-action suit filed by the American Civil Liberties … Read more

Too much hubbub over Supreme Court declining Tenenbaum case

First thing to know about the case involving acknowledged music pirate Joel Tenenbaum is that it will likely go on...and on.

Much is being made about a decision today by the U.S. Supreme Court not to hear Tenenbaum's challenge to a jury ruling against him, one that left him with a $675,000 penalty hanging over his head.

In 2007, the Recording Industry Association of America (RIAA), the trade group of the top four record companies, filed a copyright infringement suit against Tenenbaum, a then-college student from Boston who was accused of illegally downloading 31 songs from … Read more

Supreme Court asks: Can feds require you to buy cell phones?

Foes of the Affordable Care Act's individual mandate requiring Americans to buy health insurance have long argued that if the law is constitutional, a federal law forcing everyone to eat broccoli would be permitted as well.

During today's oral arguments before the U.S. Supreme Court, the justices instead asked a lawyer for the Obama administration this: Could Congress constitutionally require Americans to buy cell phones?

In other words, if Obamacare, as critics have labeled the Act, can require Americans to engage in commerce merely because they're breathing -- which is unprecedented in the history of the United States … Read more

Why you can't sue your wireless carrier in a class action

When AT&T slowed down Matt Spaccarelli's unlimited data plan on his iPhone, the unemployed truck driver from Simi Valley, Calif. took the country's largest phone company to court. And as a surprise to all, he won.

But Spaccarelli's victory rings hollow. In fact, the route he was forced to take -- suing AT&T by himself as opposed to employing a more influential and wider ranging class-action lawsuit -- illustrates just how difficult it is to change a carrier's business practice through legal means. Rather than big changes and a return of his … Read more

Al Gore with Sean Parker at SXSW: 'Occupy democracy!'

AUSTIN, Texas--Former U.S. vice president Al Gore and Facebook's founding president Sean Parker argued passionately today that online communities must use the powerful tools at their disposal to save American democracy.

At South by Southwest (SXSW) here, Gore and Parker took the stage to tell an adoring crowd of several thousand that though they should be proud of the mass Internet activism that derailed the Stop Online Piracy Act (SOPA), there is still a huge amount of work to be done if Americans want to keep special interests from perpetually forcing their agendas down society's throat.

Fortunately, … Read more

Supremes to Congress: Bring privacy law into 21st century

Editors' note: This is a guest column. See bios of Berin Szoka and Charlie Kennedy below.

Last week's unanimous decision of the Supreme Court in U.S. v. Jones (PDF) marks a major victory for constitutional rights.

While the justices split in their rationale, they agreed that protecting Americans' privacy in the digital age will require the Court to do a great deal more to untangle its confusing Fourth Amendment jurisprudence. That will likely take several more decisions -- and many years. Meanwhile, Congress should heed Justice Samuel Alito's call for legislation limiting government's ability to track … Read more

Why Supreme Court's GPS ruling will improve your privacy rights

The U.S. Supreme Court's sweeping decision requiring police to obtain search warrants to plant GPS tracking devices on automobiles will broadly enhance Americans' electronic privacy rights, legal experts predicted today.

This morning's unanimous ruling (PDF) says the customary law enforcement practice of installing GPS trackers without judicial approval--which has become more common as prices have fallen--violates Americans' Fourth Amendment rights to be free from warrantless searches.

That reasoning suggests police also need to obtain warrants before tracking the locations of cell phones and mobile devices, another contentious topic currently before the courts, said Greg Nojeim, an … Read more