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…

My Senate Testimony on SESTA + SESTA Hearing Linkwrap

My Senate Testimony on SESTA + SESTA Hearing Linkwrap

Last week, the Senate Commerce Committee held a hearing on the Stop Online Sex Trafficking Act of 2017 (SESTA). I testified as an academic expert on Section 230. My remarks: * * * I appreciate this opportunity to testify about…

Debunking Some Myths About Section 230 and Sex Trafficking (Guest Blog Post)

Debunking Some Myths About Section 230 and Sex Trafficking (Guest Blog Post)

By guest blogger Alex Levy [Eric’s introduction: Human trafficking expert Alex Levy is back, and this time, she busts some myths about the Stop Enabling Sex Traffickers Act of 2017 (“SESTA”). Like my post this morning, her post was written before last week’s Senate hearing,…

Congress Is About To Ruin Its Online Free Speech Masterpiece (Cross-Post)

Congress Is About To Ruin Its Online Free Speech Masterpiece (Cross-Post)

[Before last week’s Senate hearing on SESTA, I posted a version of this blog post on the ACS Blog. This has been partially superseded by my Senate testimony, which I’ll post more about shortly.] In 1996, Congress became concerned that excessive liability…

Facebook Wins Appeal Over Allegedly Discriminatory Content Removal–Sikhs for Justice v. Facebook

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] I previously summarized this case: Sikhs for Justice (“SFJ”) is a human rights group advocating for Sikh independence in the Indian…

Global Content Removals Based on Local Legal Violations (Internet Law Casebook Excerpt)

[Eric’s note: I’m sharing an excerpt from my Internet Law casebook discussing transborder content removal orders, including the Equustek case.] From the Internet’s earliest days, the tension between a global communication network and local geography-based laws has been obvious. One…

Blogger Isn’t Liable for Anonymous Comments–Griffith v. Wall

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] Griffith blogs at the Lumberton Informer. He has criticized Wall, Lumberton’s municipal clerk. The blog allows anonymous comments, and Wall claimed…

Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church

Section 512(f) litigation has resulted in so much futility that it’s big news when a 512(f) complaint even survives a motion to dismiss. In this case, Johnson allegedly displayed copyrighted photos and videos of Paula White Ministries (the court implies…