‘Blacklist’ of ModelMayhem Members Defeats Legal Liability–Brenner v. Hill

ModelMayhem facilitates matches between models and employers, such as photographers. We’ve blogged before about the risk that putative ModelMayhem employers are sexual predators, which led to a key 9th Circuit ruling that Section 230 doesn’t immunize “failure to warn” claims. I’m amazed ModelMayhem has survived despite…

Woman Fired For Pro-Trump Tweet Gets Unemployment Benefits--Waverly Heights v. Jungclaus

Woman Fired For Pro-Trump Tweet Gets Unemployment Benefits–Waverly Heights v. Jungclaus

I just blogged on a case involving Facebook’s suspension of a Bowling Green Massacre gaslighter. Today, I’m blogging about a woman fired for a pro-Trump tweet. It’s pretty clear my blogging queue will be overflowing with Trump-related litigation for years to come. #MALGA…

Commemorating the 20 Year Anniversary of Zeran v. AOL

Commemorating the 20 Year Anniversary of Zeran v. AOL

You’re probably already quite familiar with the Fourth Circuit’s 1997 in Zeran v. AOL. The case is one of the most cited Internet Law cases of all time, and it is a staple of Internet Law course syllabi around the country and…

Presentation on the First 18 Months of the Defend Trade Secrets Act

Earlier this month, I spoke at the California State Bar IP Section’s “IP Institute” in Newport Beach. My topic was “What’s Up With the Defend Trade Secrets Act?” I used the 60 minute session to look at what’s been happening in the…

Facebook Defeats Lawsuit By User Suspended Over 'Bowling Green Massacre'--Shulman v. Facebook

Facebook Defeats Lawsuit By User Suspended Over ‘Bowling Green Massacre’–Shulman v. Facebook

This lawsuit is detritus from the KellyAnne Conway “Bowling Green Massacre” fiasco. You may recall that Conway, in her official White House role, referred to a “massacre” at Bowling Green that never happened. The plaintiff says he posted articles to Facebook allegedly…

YouTube Defeats Defamation Claim in 'Remove-and-Relocate' Case--Bartholomew v. YouTube

YouTube Defeats Defamation Claim in ‘Remove-and-Relocate’ Case–Bartholomew v. YouTube

YouTube has been sued numerous times for “removing-and-relocating” videos it thinks were promoted by spam. When it does a remove-and-relocate, YouTube takes down the video, discloses at the original URL that “This video has been removed because its content violated YouTube’s…

Section 230(c)(2) Protects Anti-Malware Vendor–Enigma v. Malwarebytes

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In 2009, the 9th Circuit ruled that Section 230(c)(2) protected Kaspersky from liability for blocking Zango’s software as adware. Since that ruling, we have seen relatively few…

How SESTA Undermines Section 230's Good Samaritan Provisions

How SESTA Undermines Section 230’s Good Samaritan Provisions

The following is my response to Questions for the Record submitted by Sen. Cortez Masto. Given that she has already co-sponsored SESTA following the Manager’s Amendment and IA’s flip, my response may be too late to matter (not that it would…

Would Shutting Down Backpage Reduce Violence Against Women? (Guest Blog Post)

by guest blogger Alex Levy Many activists assert that the proliferation of online platforms that facilitate commercial sex has led to increased rates of exploitation and violence against women. This belief has motivated a slew of wide-ranging attacks against websites…

Manager's Amendment for SESTA Slightly Improves a Still-Terrible Bill

Manager’s Amendment for SESTA Slightly Improves a Still-Terrible Bill

On Friday, a Manager’s Amendment to SESTA was announced. The good news is that its revised language slightly improved the bill. The bad news is that SESTA remains bad policy. The worse news is that SESTA is now well-positioned to pass the Senate Commerce Committee and…