Recent SESTA Developments (A Linkwrap)

Recent SESTA Developments (A Linkwrap)

Publicly, it’s been a little quiet on the SESTA/Wagner bill front since the House hearing in early October. However, activity is taking place behind the scenes. Proponents keep adding cosponsors: now 35 in the Senate and over 160 in the House. Also, backroom discussions are…

First Circuit Rejects Copyright Workaround to Section 230--Small Justice v. Ripoff Report

First Circuit Rejects Copyright Workaround to Section 230–Small Justice v. Ripoff Report

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Goren runs a law firm, Small Justice. DuPont, a defendant in a case Goren brought, posted two negative reviews about Goren to Ripoff Report. Goren sued DuPont, who…

Conference Announcement: “Content Moderation & Removal at Scale,” SCU, Feb. 2

I’m pleased to announce “Content Moderation & Removal at Scale,” a conference we’ll be holding on campus on February 2, 2018.  I anticipate a full house, so we’ve set a registration cap. When we reach the cap, we will put…

Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris

An activist group posted an online petition urging then-Presidential candidate Mitt Romney to reject Nevada billionaire Sheldon Adelson’s campaign contribution. The petition linked to an AP story, which in turn linked to a court filing alleging that Adelson OKed his hotel empire…

App Listening For Audio Beacons May Be Illegal Wiretapping--Rackemann v. Colts

App Listening For Audio Beacons May Be Illegal Wiretapping–Rackemann v. Colts

This is a lawsuit against the Colts and app developers, alleging that the Colts’ app activates a device’s microphone and temporarily records portions of audio, for advertising purposes. The app monitors the audio for “beacon tones” which are then used…

Section 230’s Applicability to ‘Inconsistent’ State Laws (Guest Blog Post)

by guest blogger Cary Glynn [Eric’s intro: in the SESTA debates, occasionally there has been some confusion about how Section 230 interacts with state criminal laws. This issue is addressed by Section 230(e)(3), and Harvard Law 3L Cary Glynn is…

Message Board Operator Isn’t Liable for Highlighting User Comments–Ayyadurai v. Techdirt

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] I’m so far behind in my blogging that you’ve already heard about–and forgotten–this ruling. Ayyadurai claimed to have invented “email” because he developed a software program in the…

The DOJ's Busts of MyRedbook & Rentboy Show How Backpage Might Be Prosecuted (Guest Blog Post)

The DOJ’s Busts of MyRedbook & Rentboy Show How Backpage Might Be Prosecuted (Guest Blog Post)

by guest blogger Cary Glynn [Eric’s introduction: Backpage has defeated numerous efforts by civil litigants and state AGs to shut it down, with substantial help from Section 230. These unsuccessful enforcement efforts have fueled a key narrative for SESTA that, because of Section…

Problems With SESTA's Retroactivity Provision (Guest Blog Post)

Problems With SESTA’s Retroactivity Provision (Guest Blog Post)

by guest blogger Alex Levy The “Stop Enabling Sex Traffickers Act” (SESTA) is riddled with problems, discussed here, here, here, here, and here. However, very little attention has been paid to Section 3(b), which proposes making the civil provision retroactive: “the amendment made by subsection (a)(2)(B)…

New Essay: The Ten Most Important Section 230 Rulings

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] I’ve posted a new essay entitled “The Ten Most Important Section 230 Rulings.” It will be published in the Tulane Journal of Technology & Intellectual Property. Everyone loves…