An Initial Look at Washington’s New Anti-SLAPP Statute

Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute. My summary of the statute: Scope of coverage: The statute applies to causes of action…

Announcing the 2021 Edition of My Internet Law Casebook

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. The book is available as a PDF at Gumroad for $10, as a Kindle…

Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Instacart uses Stripe as a payment processor. Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. This is what the court’s opinion had. The applicable disclosures are in the bottom right…

Interview About Section 230 and COVID Misinformation

[I did another interview with Mathew Ingram at Galley by CJR] Ingram: Eric, thanks very much for doing this. I know we’ve discussed Section 230 before on Galley, so I don’t want to go over old ground, but is there…

Blogger Defeats Defamation Claims–Buckley v. Moore

The plaintiff Buckley runs “Top Gun Options,” a site that purportedly teaches users how to trade options. The defendant Moore runs a blog called “TradingSchools.org,” which purportedly does independent reviews of investment products. Moore shot down Top Gun Options in…

A Summary of the Copyright Claims Board (CCB) [Excerpt from my Internet Law casebook]

[The 2021 edition of my Internet Law casebook is coming soon. This excerpt is a new note on the CCB. TL;DR: I’m not a fan.] Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims…

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). lululemon is the…

Conservative’s Lawsuit Over Google Deindexing Fails–DJ Lincoln v. Google

This is yet another #MAGA lawsuit. The plaintiff claimed that Google deindexed conservatives in a biased way. This particular plaintiff chose perhaps the least likely path to advance that claim, emphasizing RICO claims. As we all know, it’s never civil…

Second Circuit Rejects an Account Termination Lawsuit…Again (Phew!)–Domen v. Vimeo

Domen posted videos advocating for sexual orientation change efforts (SOCE). Vimeo terminated his account. Domen sued Vimeo for the termination, alleging that it discriminated against him. The district court dismissed Domen’s complaint. The Second Circuit affirmed, in a precedent-setting opinion…

New Essay: “Five Things to Know About Section 230”

At the request of Centre for International Governance Innovation (CIGI), a Canadian think-tank, I wrote a short essay called “Five Things to Know About Section 230.” It’s a brief-and-breezy overview of Section 230 to get Canadian readers up-to-speed on our…

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