As you know, I’ve expressed many concerns about the new ex parte seizure provisions in the Defend Trade Secrets Act (DTSA). To support the ex parte seizure provision, DTSA proponents sometimes argued that legitimate trade secret owners and their lawyers…

County Attorney’s Deletion of Constituent's Facebook Comment May Violate First Amendment

Governments have embraced social media with zeal, from politicians and police departments taking to Twitter, to cities releasing apps designed for citizens to report potholes. A direct and instant communication link between the citizenry, and those governing it, can only be…

Announcing the 2016 Edition of 'Internet Law: Cases & Materials'

I’m pleased to announce this year’s edition of my Internet Law casebook, Internet Law: Cases & Materials. It’s available for sale as a PDF at Gumroad for $8, as a Kindle book for $9.99, and in hard copy at CreateSpace…

The Copyright Act, 17 U.S.C. 505, has a discretionary “loser-pays” attorneys’ fee shift. We’ve blogged repeatedly about abusive copyright enforcements where that fee shift provides a modicum of fairness to defendants (e.g., Inglewood v. Teixeira; Katz v. Chevaldina; Righthaven v….

State Sup. Ct. Affirms Harassment and Breach of Peace Conviction for Posting Pages from Diary to Facebook

I blogged about this case a few years ago at the appeals court stage. (“Conviction for Posting Pages From Teenager’s Diary Via Mail and Facebook Partially Reversed“.) In a nutshell, the defendant was accused of taking, without permission, pages from…

This is not a good opinion for the review website industry. However, the court’s harshest treatment turns on the idiosyncratic practices of ConsumerAffairs.com, which set a key Fourth Circuit Section 230 precedent in 2009 but whose current business practices probably…

North Carolina State Supreme Court Strikes Down Cyberbullying Statute

Dillion Price, the putative victim, was the subject of Facebook discussions by his high school peers. A classmate of Price’s posted a screenshot of a sexually themed text message Price allegedly sent him. Commentary ensued, and defendant Robert Bishop commented…

We blog pretty much every scraping case we see; we just don’t see many of them. As I’ve told you before, scraping is ubiquitous but of dubious legality. Today’s case reiterates just how hard it is for scrapers to win…

[Warning: Brutally ugly opinion and long blog post ahead] The evisceration of Section 230 continues. Yesterday I explained that the last 12 months have been tough for Section 230 jurisprudence. Today’s opinion is worse than *all* of the cases I…

It’s been a tough year for Section 230. In one case after another, I’ve had to “explain away” Section 230 losses: * Doe #14 v. ModelMayhem. The 9th Circuit embraced a dubious “failure to warn” exception to Section 230. *…