Senate's "Stop Enabling Sex Traffickers Act of 2017"--and Section 230's Imminent Evisceration

Senate’s “Stop Enabling Sex Traffickers Act of 2017”–and Section 230’s Imminent Evisceration

A new anti-Section 230 bill, the Stop Enabling Sex Traffickers Act of 2017, will be introduced in the Senate imminently, perhaps tomorrow. [UPDATE: It has been introduced as S. 1693]. It is being introduced by six senators (Senators Portman, Blumenthal,…

1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)

Defamation * Gillon v. Bernstein, Civ. No. 2:12-4891 (WJM) (D.N.J. Nov. 3, 2016). No liability for negative Ripoff Report. * Jackson v. Mayweather, 2017 WL 1131869 (Cal. Ct. App. March 27, 2017). CA’s anti-SLAPP law protects the following Facebook/Instagram post: “the real reason me…

Courts Keep Shredding Online Contract Formation Processes--McGhee v. NAB; Applebaum v. Lyft

Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft

A couple more online contract formation cases to enliven your Saturday: McGhee v. NAB This case involves mobile credit card processing services. The plaintiffs are merchants who think they were overcharged for card readers. The vendor invoked the arbitration clause…

1H 2017 Quick Links, Part 5 (Advertising, Contracts)

Advertising * David A. Hyman et al, Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, 19 Yale J.L. & Tech. 77 (2017): “We tested sixteen examples of native advertising. For fifteen of the sixteen examples, fewer than 50% of…

Vegetarian Ethiopian Cookbook Copyright Lawsuit Turns Sour--Schleifer v. Berns

Vegetarian Ethiopian Cookbook Copyright Lawsuit Turns Sour–Schleifer v. Berns

Law professors love to riff on the copyrightability of cookbooks because it raises several subtle issues. Are recipes copyrightable? Normally not–at least, not the ingredient lists. Cf. the chicken sandwich case. Are compilations of recipes copyrightable? Sure, but compilation copyrights…

Announcing the 2017 Edition of 'Internet Law: Cases & Materials'

Announcing the 2017 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…

Court Can’t Ban Resident From Discussing HOA Online–Fox v. Hamptons at MetroWest Condos

This is the third time this year I’m blogging about homeowners’ associations suppressing online speech (see my posts on the Revock and Milazzo cases). I’m pretty sure HOA online censorship is a growth industry (indeed, my CRFA primer calls out…

1H 2017 Quick Links, Part 4 (Copyright, Patent, More)

Copyright * Design Basics, LLC v. Lexington Homes, Inc., 858 F.3d 1093 (7th Cir. 2017). Three noteworthy passages from this case: – “the existence of the plaintiff’s copyrighted materials on the Internet, even on a public and “user‐friendly” site, cannot…

1H 2017 Quick Links, Part 3 (Google, Facebook, Uber, Airbnb)

Google * Bloomberg: Google Now Scrubbing Private Medical Records From Search Results * Search Engine Land: A deep look at Google’s biggest-ever search quality crisis * Search Engine Land: Google launches new effort to flag upsetting or offensive content in…