Association Isn’t Liable for Its Members’ Message Board Postings–Inge v. Central Motorcycle Roadracing Association

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Political turmoil can emerge in any community. This case involves a contested election for the Central Motorcycle Roadracing Association’s board. Unsuccessful candidate Inge claimed the organization’s leadership…

Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So

Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In Cockrum v. Donald J. Trump for President (see the amended complaint), the Trump campaign is being sued for allegedly colluding with Wikileaks and the Russians…

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…