Posts Tagged ‘Texas Tech’

Lidsky: Incendiary Speech and Social Media

Wednesday, November 23rd, 2011

Lyrissa Barnett Lidsky, a professor at the University of Florida’s Levin College of Law has posted to SSRN Incendiary Speech and Social Media, published in the Texas Tech Law Review. Here is the abstract:

Incidents illustrating the incendiary capacity of social media have rekindled concerns about the “mismatch” between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An examination of both incidents reveals flaws in existing First Amendment doctrines. In particular, this examination raises questions about whether underlying assumptions made by current doctrine concerning how audiences respond to incitement, threats, or fighting words are confounded by the new reality social media create.

John Connor: Digital Life After Death

Tuesday, August 23rd, 2011

John Conner of Texas Tech Law School has posted to SSRN Digital Life after Death: The Issue of Planning for a Person’s Digital Assets after Death (SSRN No. 1811044, Texas Tech Law School Research Paper No. 2011-02), dealing with the grim but important question of what happens to blogs after bloggers depart this mortal coil for that great blogosphere in the sky.

I guess I should thank Professor Connor. He’s prompted me to give my wife a big list of all my passwords. On the other hand, he’s also forced me to dwell on my own mortality. Ashes to ashes, dust to dust, bits to bits, and bytes to bytes.

Here’s the abstract:

In “Digital Life After Death: The issue of planning for a person’s digital assets after death,” author John Connor discusses the concept of a digital asset and what happens to these assets when the owner dies. First, Connor lays the foundation to define what a digital asset is and why these assets can create problems in estate planning. Next, the author examines how various social networking sites, e-mail providers, and blog hosting sites are dealing with the concept of digital assets. Connor then provides possible solutions for dealing with digital assets. These solutions include: planning for digital assets prior to death, leaving instructions (including usernames and passwords) on how to access digital assets in the event of death, setting up a trust in which the usernames and passwords can be stored and accessed by the trustee and eventual executor, and possibly providing some information about digital assets in a will. Finally, the author describes the consequences of failure to provide for your digital assets after death.