Section 230 Applies to Doxxing TikTok Video–Couture v. Noshirvan
The court summarizes the plaintiffs’ allegations: Defendant [Danesh] Noshirvan is a TikTok creator. He makes money through TikTok gifts, tips, and subscription fees. His niche is cancel culture. Noshirvan finds a video of someone messing up. He then edits and…
Comments on the Ruling Declaring California’s Age-Appropriate Design Code (AADC) Unconstitutional–NetChoice v. Bonta
[Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.] We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code…
Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional
[I will blog the NetChoice v. Bonta ruling very soon.] Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment. This isn’t a partisan thing; both Democrats and Republicans do…
The 9th Circuit Keeps Trying to Ruin Cybersecurity–Enigma v. Malwarebytes
This case involves two anti-threat software vendors, Enigma and Malwarebytes. In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” Enigma challenged Malwarebytes’ classifications in court. Initially,…
How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)
by guest blogger Kieran McCarthy Doe 1 v. GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Given the importance of generative AI…
Privacy Law Is Devouring Internet Law (and Other Doctrines)…To Everyone’s Detriment
What does “privacy” mean? It’s a simple question that lacks a single answer, even from privacy experts. Without a universally shared definition of privacy, scholars have instead attempted to “define” privacy by taxonomizing problems that they think should fit under…
Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)
by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. That proposal died, but it’s a new year and legislatures around the country are back…
Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance
California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. (Age “assurance” requires the business…
Venkat’s Blog Post Unjustly Removed from Google Search Results Due to EU RTBF Takedown
This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. See, e.g., this post (scroll down for the updates). But every time the RTBF is applied to my blog, it’s probably a wrongful application of…
Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional
I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance of Jenner & Block, I filed an amicus brief in…