ADA Doesn’t Apply to Newspaper’s Website–Suris v. Gannett
The plaintiff is deaf. He tried to watch videos on the USA Today website but couldn’t due to the lack of closed captioning. USA Today defended on the grounds that its website isn’t a place of public accommodation. The court…
1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)
Advertising/E-Commerce * Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. While such social media posts may not have the…
Trump Defeats Lawsuit Over Manipulated Viral Video He Tweeted–Cisneros v. Cook
This case relates to a joyous and heartwarming video you’ve probably seen, where two 2-year-old boys–one black, one white–run up to each other, give each other a big hug like they are long-lost friends, and then run down the sidewalk…
‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft
Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law….
Comments on Trump’s Lawsuits Against YouTube, Facebook, and Twitter
When Trump signed his anti-230 EO in May 2020, I was immediately overwhelmed with media calls all asking the same basic question: this is garbage, right? We now have the final answer to that question. As I and others predicted…
1H 2021 Quick Links, Part 3 (Content Moderation, Censorship, Privacy, & More)
Content Moderation * NYT: Inside Twitter’s Decision to Cut Off Trump * Axios: All the platforms that have banned or restricted Trump so far * NY Times: What Happened When Trump Was Banned on Social Media * NY Times: Mark…
Demonetized YouTuber Loses Lawsuit–Daniels v. Alphabet
Daniels is a YouTuber apparently of the #MAGA persuasion. Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to…
Should We Adopt a Notice-and-Takedown Scheme for Deepfakes and Other Inauthentic Media?
Prof. Christa Laser (Cleveland-Marshall) and I engaged in a point/counterpoint about legal mechanisms to address inauthentic recordings and photos, including AI-assisted forged videos (a/k/a “deepfakes”). She argued for a notice-and-takedown scheme in some circumstances, including those creating fake pornographic images….
Facebook Isn’t Liable for a Commercial Sex Relationship Gone Wrong–A.B. v. Facebook
The court summarizes the plaintiff’s contentions (note: “Lund” and “Sex Worker” are the same person): the Complaint alleges Lund “contacted” Plaintiff and provided him with “sexually provocative pictures, offer[ed] sex, description of sex acts, and other sexually provocative statements” to…
1H 2021 Quick Links, Part 2 (Section 230 and More)
* EFF: President Biden Revokes Unconstitutional Executive Order Retaliating Against Online Platforms * U.S. v. $1,546,076.35 In Bank Funds Seized from Republic Bank of Arizona Account 1889, 2020 WL 8172984 (C.D. Cal. Dec. 20, 2020): the Government sufficiently alleges that…