Cloudflare Defeats Lawsuit Over Nonconsensual Intimate Imagery (NCII) on Facebook–Doe v. Cloudflare
…as service provider to Facebook. I have repeatedly expressed my concerns about potential tertiary liability. Nevertheless, some courts have illogically implied that a tertiary defendant may be liable for the…
Salesforce Still Can’t Avoid Tertiary Liability FOSTA Claims–GG v. Salesforce
This is one of numerous FOSTA cases seeking to hold Salesforce liable for providing vendor services to Backpage. I describe these as “tertiary liability” cases because Salesforce’s involvement is three…
The Fifth Circuit’s Campaign to Undermine Section 230 Is Making Progress–AB v. Salesforce
…with “back-office business services” to support its publishing operations. Some or all of them become potentially become legally exposed if tertiary liability claims are tenable. Tertiary liability isn’t automatically precluded…
Five Decisions Illustrate How Section 230 Is Fading Fast
…cases, the court greenlights one claim of tertiary liability against Salesforce but rejects a different tertiary liability claim. If I thought there was value to trying to reconcile those conclusions,…
The 7th Circuit’s Section 230 Jurisprudence’s Impact on FOSTA Cases
…these cases seek to impose tertiary liability, i.e., the wrongdoer is the sex trafficker, the secondary violator is Backpage, and the tertiary violator is Salesforce. We should carefully scrutinize the…
Service Provider to a Ponzi Scheme Operation Qualifies for Section 230–Wiand v. ATC Brokers
…provider to Backpage–which I’ve characterized as efforts to impose tertiary liability on Salesforce for offline sex trafficking. Some courts have indicated that Salesforce doesn’t qualify for Section 230, but this…
Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Salesforce
…impose tertiary liability on Salesforce: The primary wrongdoer: the advertiser who placed ads promoting sex trafficking victims. The secondary wrongdoer: Backpage for publishing the ads. The tertiary wrongdoer: Salesforce for…
2021 Section 230 Year-in-Review
…asserting Section 230 does not protect content that seems far removed from sex trafficking. Plaintiffs are suing defendants who are distant from the actual criminals, such as “tertiary” claims against…
Catching Up on Recent FOSTA Developments (None of Them Good)
…22, 2021) This lawsuit alleges tertiary liability: sex traffickers (the primary wrongdoer) advertised on Backpage (the secondary wrongdoer) and Salesforce provided various services to Backpage (the tertiary wrongdoer). The court…
Cloudflare Isn’t Liable for Providing Services to Alleged Infringers–Mon Cheri Bridals v. Cloudflare
…“tertiary” infringement claims. As depicted in the chart above, copyright owners are interested in suing the folks on the left (direct infringers), their service providers (the folks in the middle,…