Yearly Archives: 2009

EFF Gets US to Back Down on Vastly Overreaching Subpoena

From EFF's Secret Files: Anatomy of a Bogus Subpoena

Stuff like this is why I'm proud to be on EFF's Advisory Board. (Although I can claim zero credit for EFF's great work on this matter.)

Here's a part of EFF's intro to the report linked above:

We at EFF, like the public at large, are often left in the dark about what the government's practices in this area look like. However, sometimes — just sometimes — the fog will clear and we'll get a worrisome picture of what the government gets up to behind closed doors. Sometimes this happens when an independent-minded judge publishes an opinion revealing the government's practices, like the judge that first revealed that the government was tracking cell phones without warrants. Other times, someone served with an SCA demand such as a National Security Letter comes to us for legal assistance.

Recently, one such recipient of an SCA demand did come to us, and we're glad she did. The story of that subpoena — to the administrator of www.indymedia.us, an independent activist news site aggregating stories from Indymedia web sites across the country — provides yet another example of how government abuses breed in secrecy. Hopefully this analysis will be helpful to other online service providers who receive such bogus requests masquerading as valid legal process.

Posted in Law: Free Speech | Comments Off on EFF Gets US to Back Down on Vastly Overreaching Subpoena

Deans May Know This

Joho the Blog, Line from a conf:

“There is a way to herd cats: Move their food.” — speaker at a closed conf

Posted in Law School | 2 Comments

Jotwell: Third Party Beneficiary Law Meets Virtual Worlds

oie_globes_and_books5_sm.gifJames Grimmelmann has a nice piece up on Jotwell called Third Parties to the Rescue.

Here’s how it starts:

Michael Risch’s Virtual Third Parties, 25 Santa Clara Computer & High Tech. L.J. 416 (2009) tips the scales at a mere eleven pages—but it punches far above its weight class. He gives a clear and straightforward reading of third-party beneficiary doctrine in contract law to put a new spin on old problems of online power.

Risch’s subject is virtual worlds, where the immense technical power of the world’s provider is so well-recognized that it has its own shorthand name: the “God Problem.” If Blizzard wants to exile you from World of Warcraft, confiscate everything you own in-world, or stick your avatar in the stocks, their control over the servers lets them do it with a few keystrokes. Your avatar’s arms are never going to be long enough to box with a game god whose software controls arm length.

Posted in Virtual Worlds | 4 Comments

US Prison Population Zooms Up From 1980

Disturbing chart at Amygdala.

I knew it was bad, but not this bad.

Posted in Law: Criminal Law | 6 Comments

Herald Covers UM Foreclosure Fellows

Nice article in today's Herald about the UM law foreclosure fellows program, New lawyers help fight foreclosures.

I got quoted as saying,

“When the foreclosure happens, the number of important legal defenses that may be available are not always obvious to people without legal training,” said Michael Froomkin, a University of Miami law professor who heads the Foreclosure Defense Fellowship.

“Some of these options will buy you time, and some of these will do a lot more … even those that buy you time are a way of getting a lender's attention and stimulating a negotiation,” he said.

For a good discussion of what one of those defenses looks like — and some of the pitfalls to which it can be subject — see today's analysis at Calculated Risks, Putting the MERS Controversies in Perspective.

Posted in Econ & Money: Mortgage Mess, U.Miami | Comments Off on Herald Covers UM Foreclosure Fellows

Those Billionaires Can Sing

Billionaires for Wealthcare Serande the Masses on Capitol Hill – 11/5/09 (HQ)

Posted in Health Care | Comments Off on Those Billionaires Can Sing