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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."

14 of 384 comments (clear)

  1. Re:Cyberlaw by Itninja · · Score: 3, Funny

    I grow tired of that too. But I think of no more concise way to define laws relating to IT principles. I am open to suggestions however. Maybe, "Elaw" or "Etherlaw"??

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  2. Re:Cyberlaw by frosty_tsm · · Score: 5, Funny

    NO!

    Correction: Cyber-NO!

  3. First Judge That Has Made Any Sense by Fantom42 · · Score: 5, Funny

    This is the first judge (featured on Slashdot) who I've read that has written opinions that made a lick of sense.

    Wow.

  4. Re:Overturned? by Kozz · · Score: 3, Funny

    Hush! You're cluttering the emotional, reactionary and contrarian arguments with the facts!

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    I only post comments when someone on the internet is wrong.
  5. Re:Cyberlaw by lgw · · Score: 3, Funny

    If slashdot is not the home of pointless discussions, I've been mistyping the URL for the past 10 years.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  6. Re:Cyberlaw by bonch · · Score: 3, Funny

    What did you say? I was too busy surfing the information superhighway for info on the long tail using podcast-enabled Web 2.0 productivity enhancers while blogging and tweeting in the cloud. LOLWUT. THIS. FIXED. AMIRITE? ^_^

    Sometimes I wish the internet would disappear. Excuse me, I mean that it should DIE IN A FIRE.

  7. Re:Cyberlaw by sexconker · · Score: 5, Funny

    Cyber-Correction: Cyber-Correction: Cyber-NO!

  8. Re:Cyberlaw by Captain+Splendid · · Score: 4, Funny

    take a coupla vicodin with three fingers of rye whiskey

    I didn't know Dr. House had a slashdot account.

    --
    Linux, you magnificent bastard, I read the fucking manual!
  9. Re:Cyberlaw by Captain+Splendid · · Score: 2, Funny

    To be honest I would rather deal with a David Duke or Al Sharpton - at least they are more open about their racism and you know exactly what you are getting.

    Shit, you must be great fun at parties.

    "Yeah, he raped my wife, but at least he told me he was going to do it beforehand!"

    --
    Linux, you magnificent bastard, I read the fucking manual!
  10. Re:Overturned? by Tibor+the+Hun · · Score: 2, Funny

    I don't understand, are you saying he's a latina, and not a white male?

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    If you don't know what AltaVista is (was), get off my lawn.
  11. It is the distant future, the year 2000. by protein+folder · · Score: 4, Funny

    We no longer say "yes", we say "Affirmative!" Unless we know the other robot really well.

    --
    Your mind is squeezed by a blast of pain!
    1. Re:It is the distant future, the year 2000. by sexconker · · Score: 2, Funny

      Finally robotic beings rule the world.

  12. That does it by 2names · · Score: 2, Funny

    I'm laying off the CLI for a while. I just read your comment and wondered what the hell a "misty ping" was.

    --
    "I'm just here to regulate funkiness."
  13. Re:Sotomayer is a nightmare by Omestes · · Score: 3, Funny

    You know, Texas just might leave the union (with other states not far behind) in the next eight years if our nation's situation doesn't improve at the federal level.

    On the behalf of the rest of the nation; is that a promise?

    Good. I wouldn't miss Texas, nor much of the South or Bible Belt. I'd be thrilled if they formed their trickle-down theocratic wonderland, and leave the rest of the US in peace. They could call themselves the United States of Backwardia.

    I don't think Texas has much going for it in the constitutional sense, they kill a lot of people, they really like their religion, and to enforce it on others, etc...

    To the rest of the South, and sane Texans, your more than welcome to join the rest of us. I know there are sane people over there. The generalization was for humor. Though it would be nice if all the "red state"-Limbaugh folk left the rest of us alone.

    -this post was bought to you by beer and fatigue.

    --
    A patriot must always be ready to defend his country against his government. -edward abbey