Supreme Court Nominee Sotomayor's Cyberlaw Record

Hugh Pickens writes "Thomas O'Toole writes that President Obama's choice for Associate Supreme Court Justice, Sonia Sotomayor, authored several cyberlaw opinions regarding online contracting law, domain names, and computer privacy while on the Second Circuit. Judge Sotomayor wrote the court's 2002 opinion in Specht v. Netscape Communications Corp., an important online contracting case. In Specht, the Second Circuit declined to enforce contract terms (PDF) that were available behind a hyperlink that could only be seen by scrolling down on a Web page. 'We are not persuaded that a reasonably prudent offeree in these circumstances would have known of the existence of license terms,' wrote Sotomayor. Judge Sotomayor wrote an opinion in a domain name case, Storey v. Cello Holdings LLC in 2003 that held that an adverse outcome in an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy did not preclude a later-initiated federal suit (PDF) brought under the Anticybersquatting Consumer Protection Act (ACPA). In Leventhal v. Knapek, a privacy case, Judge Sotomayor wrote for the Second Circuit that New York state agency officials and investigators did not violate a state employee's Fourth Amendment rights when they searched the contents of his office computer (PDF) for evidence of unauthorized use of state equipment. While none of these cases may mean much as far as what Judge Sotomayor will do as an Associate Supreme Court Justice 'if confirmed, she will be the first justice who has written cyberlaw-related opinions before joining the court,' writes O'Toole."

Comments

Bigger question than her tech positions

[jmorris42]

Larry Summers was driven from polite society for a couple of years for the crime of asking whether it was desirable to broach the subject of whether there were basic differences between men and women. This bigot stands up and asserts there are fundamental differences between both the genders AND races[1] as if it were a settled fact and is on a fast track to the Supreme Court.

Just proves I really don't understand the progressive mind. I really wish you guys could settle what the rules are in such a way you could actually enumerate them in public. Which of course is exactly what will never happen because to speak them would give up the game as any sane person could only laugh.

[1] As a member of La Raza (The Race) and a good ivy league educated feminist she of course asserted that a latina is inherently superior to a white male.

Re:Yep, that's rasism.

[SuperKendall]

I can. I grew up around them, as that's who my dad worked for.

So did I. I was very poor growing up, but I worked partly as a caddy around real money.

It's very frightening how you use the derogitory term "them".

Obivously you despite rich people, and I'm sorry I cannot help you get over that. But people with money are simply people like any other, some good and some bad. People are people and money doesn't change that, it accentuates it.

I'm sorry you must live a life of hate, but perhaps some day you'll grow out of it. Only then can you be happy yourself, and perhaps achieve some measure of success.

Re:That's what she said

[realnrh]

And in almost all of those cases, at least two of Stevens, Breyer, Souter, and Ginsburg agreed with her. So she would be to the left of the court as currently constituted but not outside the bounds of the current composition of the court, which is exactly what should be expected of anyone not being appointed by a right-wing kook.