topics dormant-commerce-clause 
Technology & Marketing Law Blog
MAY 11, 2022
It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” If the metric is registered accounts, the bill doesn’t define if it’s measuring only active accounts or if it includes dormant, restricted, or terminated accounts. See this article.
Technology & Marketing Law Blog
AUGUST 2, 2022
The bill has a savings clause to exclude any claims covered Section 230, the First Amendment, and the CA Constitution equivalent. For example, imagine a government-designated censor at a newspaper, deciding if the newspaper can add a new column or feature, add a new topical section, or change the size and layout of the paper.
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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. For more on this topic, see Ashutosh A. .” Given these stakes, politicians should prioritize developing good-faith and well-researched ways to facilitate and support journalism. The CJPA is none of that.
Technology & Marketing Law Blog
JUNE 27, 2022
Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. ” The scope of this taskforce likely exceeds privacy topics. Dormant Commerce Clause. New Regulations.
Technology & Marketing Law Blog
AUGUST 30, 2021
It also ruled that Pandora’s broadcasts were not “in connection with a public issue or topic of public interest,” as required by California’s anti-SLAPP law. I was therefore extremely pleased that the Ninth Circuit not only cited our amicus brief (slip op. Finally, it ruled that 17 U.S.C.
Technology & Marketing Law Blog
JUNE 21, 2022
. “Consumer reviews of products or services on an internet website that serves the exclusive purpose of facilitating online commerce.” Does Amazon.com EXCLUSIVELY facilitate online commerce? As my Content Moderation Remedies paper showed, this topic is way more complicated than a binary remove/leave up dichotomy.
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 11, 2022
The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Ass’n for Accessible Medicines v. Bonta , No.
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