All About Information

This Information Roundup comes to you from the Outer Banks in North Carolina, a special place for Seanna and me because we got married here a couple of years ago. Now we have Hugo, who’s on his second surf vacation in his first year, and might even get what’s going on as Seanna and I trade off on babysitting duties and on-water sessions.

Today, Seanna windsurfed at the “Canadian Hole” while Hugo and I experienced the wonders of sand. Then I windsurfed on the ocean-side downwind to our house in shoulder to head high waves. I am not the windsurfer I used to be, but had fun anyway and didn’t break anything.

Here are some things I’ve read on my vacation.

• Scott J. Carpenter, “Immunity Under the CDA Has Its Limits According to Two Recent Federal Court Decisions.” Summarizes two recent cases dealing with the U.S. Communications Decency Act and its speech-protecting provision - section 230 . I think internet publication and Web 2.0 is going to drive developments in privacy law for the next while, so these types of stories are of interest to me. (Proskauer Rose)
• Michael Simon, “Declaratory Judgement Approach to Burdensome Pre-Litigation Demand Tried and Rejected.” A good analysis of a novel case in which a party faced with an onerous pre-litigation document hold letter brought an application to seek protection that was dismissed for want of jurisdiction. (E-Discovery Team)
• K&L Gates, “Court Sets Protcol for Forensic Examination of Employment Discrimination Plaintiff’s Home Computers.” I’m particularly interested in home computer cases. The summary of a American case from late March includes a cut of the inspection order. (K&L Gates)
• Tresa Baldas, “AGs Tell Companies: Shred it, or Regret it.” A good reminder of the lowest of low hanging data security fruit. (Law.com)
• Pamela Hess, “Citing Academic Freedom, Law School Dean Defends Professor Who Wrote ‘Torture Memo’.” This is a news story on this memorandum, by Berkeley Law School Dean Christopher Edley Jr. (Law.com)
• The Sedona Conference, “Commentary on ESI Evidence & Admissibility.” I confess that I haven’t finished reading this yet, but I’ve been sitting on this post for too long waiting to find some quiet time to digest this 28-pager. It’s amazing this content is free. (The Sedona Conference)

Enjoy!