A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 3)

In the modern, digital world, each of us is asked to read and accept hundreds of pages of terms and conditions governing the way we use our products and services.  While no one could be expected to read every term (especially for entertainment or other “low risk” services), as a specialist in reading and drafting such documents, a lawyer can offer insight into just how they operate (and what rights the average user gives away when they sign on the dotted line). 

In “A Lawyer Reads…”, we’ll take a deeper dive into a few of those little-read contracts, terms, and conditions in an effort to provide just a bit of that insight. 

For more, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

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Today we finish our reading of the Facebook Data Policy with discussions on data deletion, what happens when the law comes calling, Europe, and more.

Interested in how we got here?  Check out Part 1 and Part 2!

Continue reading “A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 3)”

A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 2)

In the modern, digital world, each of us is asked to read and accept hundreds of pages of terms and conditions governing the way we use our products and services.  While no one could be expected to read every term (especially for entertainment or other “low risk” services), as a specialist in reading and drafting such documents, a lawyer can offer insight into just how they operate (and what rights the average user gives away when they sign on the dotted line). 

In “A Lawyer Reads…”, we’ll take a deeper dive into a few of those little-read contracts, terms, and conditions in an effort to provide just a bit of that insight. 

For more information, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

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Today we continue our reading of the Facebook Data Policy with some of the most important questions facing the company and its users:  “How does Facebook use your information?” and “How is your information shared?”.

Check out Part 1 HERE.

Continue reading “A Lawyer Reads…the Facebook Terms of Service and Data Policy (Part 2)”

TGIF: May 19, 2017 – On the Constitutional Oddity of a “Special Counsel”

Despite what you may have heard, lawyers are, in fact, human beings with interests and hobbies all their own. They are not, I repeat not, robots sent from the future solely for the purpose of billing hours, drafting documents, and negotiating terms.  Not all of them anyway.  

In TGIF, I touch on some of my own interests primarily through the lens of the “Rules of the Game”, focusing on the rules and incentives that affect many aspects of our daily lives. I may even crack a joke or two. Hard to say.

TGIF will be published regularly on (surprisingly enough) Friday mornings. For more information, check out www.hoeglaw.com or drop Rick a line at rhoeg@hoeglaw.com.

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On Wednesday May 17th, 2017 acting Attorney General Rod Rosenstein (in place of recused Attorney General Jeff Sessions) appointed former Department of Justice official and FBI Director Robert S. Mueller III to serve as “Special Counsel” to oversee an investigation of “Russian government efforts to influence the 2016 presidential election and related matters”.

(Mr. Mueller’s title of “Special Counsel” is not to be confused, of course, with the executive branch’s permanent and not at all independent, “Office of Special Counsel“. Because naming conventions in Washington have never been anything if not entirely and completely clear.)

Given the nature of the investigation as a response to cries of a “constitutional crisis” in the wake of the President’s firing of former FBI Director James Comey, what you may not know is how tumultuous a Constitutional history the concept of a “special counsel” or “independent prosecutor” has had in its own right.

Can an executive branch official like an Attorney General appoint an individual that cannot be fired by his or her own boss?  If not (or if there is some doubt), can Congress empower the Attorney General to do so?  If so, what does that mean for the separation of powers?  And what if that Congressional authority should expire?

Many of these questions have been asked and answered multiple times (and in multiple ways) throughout our nation’s history, but never in a fashion which one could deem “definitive”.  Such is the nature of an inherently political but simultaneously “independent” position.

Let’s take a deeper look.

Continue reading “TGIF: May 19, 2017 – On the Constitutional Oddity of a “Special Counsel””