Ryan Calo over at the Standford Center for Internet and Society (is this the new Berkman?) is asking some very interesting questions about the legal issues of web2.0
An Australian court rules that a mortgage company can issue notice of a lien over Facebook. A court in the UK permits an injunction to be served via Twitter. A woman is arrested in Tennessee for “poking” someone over Facebook in violation of a protective order. Meanwhile, a 1978 provision of the Bankruptcy Code still provides that notice shall “be published at least once a week for three successive weeks in at least one newspaper of general circulation.” New forms (and norms) of communication are both expanding and contracting the avenues for legally meaningful notice. Just how do we know, in this uncharted new landscape, when notice is enough?
- Is the communication sufficiently engaging to reflect the gravity and context of the relevant legal process?
- Where’s the Miranda warning page?
In our joy of technology we must ensure that we do not forget to transfer the civil liberties developed over the course of our legal cultural history. To his list of examples I just want to add two more headlines New York man accused of using Twitter to direct protesters during G20 summit and Fraud Fugitive in Facebook Trap.
Also I want to mention the early work of Caroline Wilson who presented “Twit or Tweet? Legal Issues Associated with Twitter and other Micro-Blogging Sites” at GikII Amsterdam. (Jordan Hatcher’s liveblog of the event) for some additional questions.