Supreme Court Upholds TikTok Ban, and Domestic and Foreign Censors Rejoice–TikTok v. Garland

…Supreme Court also endorses the deputization of First Amendment-protected actors (app stores) to enforce this Fortress USA censorship. (Note: the app stores sat this litigation out, letting others to fight…

Initial Comments on the Supreme Court’s TikTok Ban Opinion–TikTok v. Garland

…First Amendment-protected actors (app stores) to enforce this Fortress USA censorship. (Note: the app stores sat this litigation out, deferring to others to fight their battle for them). Legislatures are…

DC Circuit Says the TikTok Ban Is Censorship, But Upholds It Anyway–TikTok v. Garland

…treat censorship restrictions as a cost of doing business rather than an existential threat, the services have already lost the game. The App Stores’ Silence Once again, the app stores…

Court Revives Indiana AG’s False Advertising Case Against TikTok–State v. TikTok

…misrepresented in various app stores; that TikTok either expressly or implicitly misrepresented its enforcement of its Community Guidelines; and that TikTok either expressly or implicitly misrepresented the effectiveness of its…

Section 230 Preempts Clean Air Act Lawsuit Over “Defeat Device” Apps—U.S. v. EZ Lynk

…run a walled garden app store for car modification apps. There are many legitimate activities enabled by this system. For example, the app enables users to “Adjust tire pressure monitoring…

Ninth Circuit Does More Ninth Circuit Things in its Latest Section 230 Ruling–Diep v. Apple

…negligently distributing a ‘phishing’ / ‘spoofing’ app in its App Store, the Toast Plus application, while continuing to affirmatively represent that the App Store is a [sic] ‘a safe and…

The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)

…platforms.” The current VLOP and VLOSE list reveals the reach of these enhanced rules; the list includes platforms and search engines such as Amazon Store, App Store, LinkedIn, Facebook, Instagram,…

Anti-TikTok Political Stunts Fail in Montana and Indiana Courts

…party, such as a Hoosier downloading and using TikTok, or third-party app store offering TikTok in Indiana, cannot establish specific jurisdiction.” Third, it doesn’t matter that TikTok may serve ads…

Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v. Apple

Apple rejected two of the plaintiffs’ apps, “Coronavirus Reporter” and “Bitcoin Lottery,” for its app store. Apple rejected the Coronavirus Reporter app because it wasn’t associated with a government entity…

Section 230 Immunizes Snap, Even if It’s “Inherently Dangerous”–L.W. v. Snap

…development function. The claims against the app stores doesn’t do any better. The plaintiffs tried a HomeAway workaround by saying that app store downloads are like online marketplace transactions, but…