Jeffrey D. Neuburger

Jeffrey D. Neuburger is a partner in the New York office of Proskauer Rose LLP, and co-chair of the Technology, Media and Communications Practice Group. His practice focuses on technology and media-related business transactions and counseling of clients in the utilization of new media. He is an adjunct professor at Fordham University School of Law teaching E-Commerce Law and the co-author of two books, "Doing Business on the Internet" and "Emerging Technologies and the Law." He also co-writes the New Media & Technology Law Blog.

by Jeffrey D. Neuburger

Anonymous comments on newspapers blogs are drawing attention from prosecutors seeking information about criminal matters, once again raising the issue of whether newspaper blog comments are protected under state press shield laws. Last fall, I wrote about two civil cases involving claims of defamation, where two separate courts refused to order newspapers to disclose information […] more »

by Jeffrey D. Neuburger

The news is information, and information wants to be free, as the saying goes. But for news organizations, the news is a product that is collected, recorded and sold for profit. And those profits are now under extreme economic pressure, threatening some news organizations with extinction. Both online and traditional news outlets are regrouping, retrenching […] more »

by Jeffrey D. Neuburger

A post on a social networking site like MySpace could end up anywhere, and depending upon where it ends up, the result could be catastrophic. We’ve covered that territory before on MediaShift, discussing a case involving discipline of a teacher for conduct shown on a MySpace page. In Moreno v. Hanford Sentinel, a California appeals […] more »

by Jeffrey D. Neuburger

As newspapers are closing or abandoning their print editions, online news sources are growing in importance — as are sites that rely on user-submitted news stories. But with so much unfiltered news content available online, how do you separate the accurate from the inaccurate and truth from parody? You might think that traditional news sources […] more »

by Jeffrey D. Neuburger

As cell phone cameras and palm-sized videocams have become cheap and ubiquitous, there is little if anything that is immune from being documented and displayed on the web, as numerous celebrities and sports stars have learned to their regret. In the realm of hard news, the result is that citizen journalists are able to bypass […] more »

by Jeffrey D. Neuburger

In 1998, the U.S. Congress enacted the Child Online Protection Act (COPA), a law intended to control child access to sexually explicit material on the Internet. The law was immediately challenged on free speech and other grounds and its enforcement was delayed. After ten years of litigation, on January 22 the U.S. Supreme Court dealt […] more »

by Jeffrey D. Neuburger

“…in cyberspace, the First Amendment is a local ordinance.” That’s a remark famously made in 1997 by John Perry Barlow, one of the co-founders of the Electronic Frontier Foundation. Barlow’s complete statement is well worth re-reading but one implication of this particular remark is that the reach of American constitutional values may be limited by […] more »

by Jeffrey D. Neuburger

Linking to content is the essence of the online experience — it’s the “Web” in the World Wide Web. But there’s a lot of legal gray area around linking, and surprisingly few court rulings providing guidance as to the circumstances when linking could result in liability. A court in Canada has now weighed in on […] more »

by Jeffrey D. Neuburger

Political campaigns often produce a blizzard of ancillary election-related litigation — for an example, just look to the 2000 presidential campaign. When the press reports anonymous accusations during an election campaign, sometimes that litigation involves lawsuits by candidates or public officials seeking to learn the identity of those anonymous sources. In many states, newspapers and […] more »

by Jeffrey D. Neuburger

It’s not just students who can get into difficulty for school-related blogging. In a recent case, a federal court rejected a challenge brought by a non-tenured teacher when the public school at which he taught decided not to renew his contract. The school had accused the teacher of overly familiar contacts with students via his […] more »