Technology & Marketing Law Blog

MAY 17, 2022

Section 230. Roblox invoked Section 230 as a defense. “Failure to disclose” is a troubling workaround to Section 230 because plaintiffs can always creatively style their claim this way. Lots of academics and bloggers wrote about the topic, but we had very few actual court cases addressing it.

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Technology & Marketing Law Blog

JULY 17, 2021

Instead, judge simply says the Second Circuit hasn’t addressed the topic. Section 230 Applies to ADA Closed Captioning Claims–National Federation of the Deaf v. The court acknowledges the precedent applying the ADA to retailers’ websites, but it doesn’t extend to a standalone content website. Gannett Co.

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Technology & Marketing Law Blog

SEPTEMBER 25, 2021

Nevertheless, we have seen many seemingly-smart people, and politicians, advocate for government censorship of online misinformation about COVID or other topics. Worse, some pro-censorship people have claimed that Section 230 should be amended to curb online misinformation.

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Technology & Marketing Law Blog

NOVEMBER 29, 2021

It exposes those platforms to the exact liability that Congress protected against in enacting Section 230. To me, perhaps the most shocking/unnecessary jaw-dropper was AG arguing that Section 230(c)(2)(A) only restricts damages, not injunctions. I can’t blog them all. Candeub Report.

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Technology & Marketing Law Blog

AUGUST 2, 2022

Section 230 Preemption. The bill has a savings clause to exclude any claims covered Section 230, the First Amendment, and the CA Constitution equivalent. That’s great, but what’s left of the bill after Section 230’s preemption? This will further motivate platforms to toss kids overboard.

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Technology & Marketing Law Blog

JULY 3, 2021

” Unfortunately, the law on this topic has become anything but predictable or certain. Amazon Isn’t Liable for Defective Marketplace Sale (No Thanks to Section 230)–Erie Insurance v. Recapping a Year’s Worth of Section 230 Cases That Got Stuck in My Blogging Queue.

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Technology & Marketing Law Blog

JANUARY 9, 2024

To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. Section 230 The court’s Section 230 analysis runs for 13 pages (pages 9-22), but it has an inappropriately laconic denouement. They sued Snapchat for a wide ranges of tort claims.

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Technology & Marketing Law Blog

SEPTEMBER 19, 2021

the state admits that the law, as applied, could conflict with Section 230. 1) per the express terms of Section 230 , Internet services still face “responsibility” for many types of third-party content, including federal criminal prosecutions, IP, ECPA, and FOSTA.

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Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. 21–1333 (SCOTUS May 18, 2023 [A reminder that I filed an amicus brief in this case in support of Google, explaining how Section 230 intersects with the First Amendment.]

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Technology & Marketing Law Blog

APRIL 30, 2022

Section 230. The judge relies on Section 230(c)(2)(A) rather than Section 230(c)(1) to wipe away the preempted claims: Section 230 precludes liability for removing content and preventing content from being posted that the platform finds would cause its users harm, such as misinformation regarding COVID-19.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. Legal Background.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2021

US courts would never reach the “publication” issue in this case because Section 230 moots the question. Whether or not a Facebook accountholder “publishes” other user comments, Section 230 completely immunizes all legal liability for defamatory third-party comments.

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Technology & Marketing Law Blog

AUGUST 15, 2022

The ruling I’m blogging today involves Huffington Post’s alleged liability for Riben’s stories posted to HuffPost’s “Voices” (contributor) section. The lower court denied Huffington Post’s Section 230-based motion to dismiss and summary judgment motion. ” Publisher/Speaker Claims.

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Technology & Marketing Law Blog

DECEMBER 26, 2023

Arizona’s mugshot statute preempted by Section 230. 28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. Savoy, 2021 N.C. LEXIS 236 (N.C.

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Technology & Marketing Law Blog

DECEMBER 18, 2021

Even if these two apps (Coronavirus Reporter and Bitcoin Lottery) were not scams (a topic I have no opinion about), others in the same niche almost certainly would be scams–and dangerous ones at that. That case said that allegations of “anticompetitive animus” can get around Section 230. Apple, Inc.

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Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. Section 230 immunizes the negligence and strict liability claims against Craigslist. s trafficking.” s trafficking.”

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Technology & Marketing Law Blog

NOVEMBER 1, 2021

He says the Internet “has come to be defined by user-created content,” and Section 230 is a big part of that. ” He reiterates a few places where Section 230 says exactly what he wants it to say: (1) the First Amendment protects politically biased content moderation, so Section 230 does not need to address it. (2)

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Technology & Marketing Law Blog

FEBRUARY 20, 2022

This raises questions about the need for FOSTA-SESTA and other polices that would further dismantle Section 230 of the CDA, such as the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act of 2020. Craigslist. * Section 230 Preempts Another FOSTA Claim–Doe v.

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Technology & Marketing Law Blog

JANUARY 13, 2022

Omegle moved to dismiss on Section 230 grounds, which the court grants. I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. suffered while using Omegle, the Court finds that they have nonetheless failed to plead claims that withstand Omegle’s Section 230 Immunity.”

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Technology & Marketing Law Blog

FEBRUARY 15, 2023

These choices constitute “editorial judgments” which are protected by the First Amendment… the Hateful Conduct Law requires social media networks to disseminate a message about the definition of “hateful conduct” or hate speech—a fraught and heavily debated topic today. The 230 preemption argument always seemed like a stretch.

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Social Media Law Publishing Blogging 64

Technology & Marketing Law Blog

JANUARY 18, 2022

For more background, read my primer about FOSTA and 230. Students: this post surfaces numerous potential paper topics. Mindgeek defended on Section 230 grounds. Section 230. This court comes down on the 1595 side, so constructive knowledge of sex trafficking victimization defeats the Section 230 defense.

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The IP Law Blog

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. The district court held that Reddit was entitled to immunity under section 230 of the CDA because the plaintiffs had not pled that Reddit’s “own conduct violated the criminal sex trafficking statute [FOSTA].”

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Technology & Marketing Law Blog

FEBRUARY 27, 2024

This is a topic where anything could happen.] Accordingly, they both trigger Section 230’s protections AND raise serious First Amendment concerns. The State is therefore favoring engagement with certain topics, to the exclusion of others.” The Supreme Court justices discussed this issue multiple times.

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Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. c) This section does not prohibit a covered platform from, and does not impose liability on a covered platform for, enforcing its terms of service against an eligible journalism provider. Section 230.

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LexBlog IP

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. The district court held that Reddit was entitled to immunity under section 230 of the CDA because the plaintiffs had not pled that Reddit’s “own conduct violated the criminal sex trafficking statute [FOSTA].”

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Technology & Marketing Law Blog

OCTOBER 27, 2022

” The court responds that, due to Section 230, it needs to determine if the claims treat TikTok as a publisher/speaker of third-party content–which, of course, is exactly what this lawsuit is trying to do. Anderson’s claims thus are plainly barred by Section 230 immunity.” Case citation : Anderson v.

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Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] The Opinion Section 230(c)(2)(A) The opinion applies Section 230(c)(2)(A), the relatively lightly litigated sibling to Section 230(c)(1). [My blogging queue has gotten backlogged.

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Technology & Marketing Law Blog

MAY 8, 2022

In a footnote, the court adds: “It is still more difficult to understand how general legislative debates, such as those surrounding Section 230, could provide a President with coercive power over a private company sufficient to confer state action.” Section 230 Survives Yet Another Constitutional Challenge–Huber v.

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Social Media Government Publishing Blogging 95

Technology & Marketing Law Blog

DECEMBER 30, 2021

Florida invokes §230 as somehow justifying treating providers as common carriers, when the whole point of that federal law is to ensure that services do not have to become a home for all content on a non-discriminatory basis. conflates the statutory analysis of Section 230 with the Constitutional protection for free speech.

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Social Media Law Privacy Blogging 111

Technology & Marketing Law Blog

JUNE 19, 2023

Google about Section 230 Twitter v. Anything the Supreme Court says on that topic, other than a categorical rejection of the principle, will ignite litigation and regulation like we’ve never seen before. De Young City Government Can’t Remove Off-Topic Comments From Its Social Media Page–Kimsey v. See, e.g., PETA v.

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Technology & Marketing Law Blog

SEPTEMBER 15, 2023

Clearly, this topic is rapidly evolving, and it will almost certainly end up on the Supreme Court’s main docket (not just the shadow docket) soon.] * * * Twitter suspended users or deboosted their tweets based on its COVID misinformation policy. Twitter Section 230 Survives Yet Another Constitutional Challenge–Huber v.

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Technology & Marketing Law Blog

JUNE 14, 2022

2020 was filled with terrible memories, including the COVID pandemic/shutdown and Trump’s coup attempt, so it’s easy to forget how close we came to losing Section 230. The NDAA nonsense put numerous Congressmembers on record as anti-Section 230, and Sen. 1) Reporters shat on Section 230 in 2020.

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Technology & Marketing Law Blog

SEPTEMBER 21, 2022

This section highlights six structural problems with the opinion: The Indeterminate Universe of “Social Media Platforms” Treating Private Action Like State Action. This leads to a turn of the phrase the judge thought was worth repeating three times: “if Section 7 chills anything, it chills censorship.”

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Technology & Marketing Law Blog

MAY 19, 2023

Sometimes the Section 230 developments come faster than I can blog ’em, so they pile up in my queue. The court does find 230 applies to the negligent matching claim: “the service that Defendant provides is twofold: both matching and publishing. That is all actionable conduct not barred by Section 230. __ Missouri v.

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Technology & Marketing Law Blog

JANUARY 7, 2023

This raises obvious question about Section 230’s role in lowering entry costs compared to the European experience (this was a UK study) and how increased regulation will surely consolidate the market further. * This can be particularly challenging when this uncertainty is prolonged, and the topic has no clear authority.

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