California’s IoT Security Law is Well-Intentioned, but a Comprehensive Federal Law is Needed (Guest Blog Post)
by guest blogger Jeff Kosseff The views expressed in this post are only those of the author, and do not represent the Naval Academy, Department of Navy, or Department of Defense. The playbook is familiar: the federal government fails to…
California Amends the Consumer Privacy Act (CCPA); Fixes About 0.01% of its Problems
Recently, Gov. Brown signed SB 1121, the first of possibly several amendments designed to fix and rehabilitate the California Consumer Privacy Act (CCPA). Here is the complete statute as revised. I prepared a redline showing the amendments. The amendments make…
Good News! USMCA (a/k/a NAFTA 2.0) Embraces Section 230-Like Internet Immunity
There’s a lot to digest in the USMCA, the NAFTA 2.0 replacement that shall not be called NAFTA. This post focuses on one piece: USMCA Article 19.17 requires its signatories to adopt Internet immunity provisions similar to Section 230. (I…
How to Obtain a Global Injunction in a Copyright Infringement Case (Guest Blog Post)
by guest blogger Marketa Trimble Prompted by the set of Canadian and U.S. court decisions in Equustek v. Google, the audience at a recent copyright conference discussed whether a plaintiff could obtain a global injunction in a copyright infringement case. In…
Another Social Media “Material Support to Terrorists” Lawsuit Fails–Cain v. Twitter
This is one of the many cases against social media platforms alleging that they provided “material support” to terrorists. As a group, these lawsuits have gone nowhere, and this one doesn’t either. ATA Direct Liability. As with other cases, the…
Another 512(f) Case Fails–Handshoe v. Perret
This is a long-running series of cases. I first blogged a related dispute in 2013 (plus a second blog post in 2013 as well). Regarding this case, Handshoe posted a YouTube video that included a photo apparently owned by a…
Section 230 Helps Malware Vendor Avoid Liability for Blocking Decision–PC Drivers v. Malwarebytes
We rarely see cases like this any more, so I think it’s worth blogging this April ruling even though it just showed up in Westlaw. PC Drivers makes software designed to speed up users’ computers, an industry niche that’s known…
The Necessity of Geoblocking in the Age of (Almost) Unavoidable Geolocation (Guest Blog Post)
by guest blogger Marketa Trimble Recent U.S. court decisions suggest that geoblocking might no longer be optional – the use of geoblocking might now be de facto mandatory for any website operator who wants to avoid being subject to the jurisdiction…
Twitter Isn’t Liable for Impersonation Account–Dehen v. Doe
Tiffany Dehen is a 2016 alumna of University of San Diego’s law school. Her website declares that she is “a true American and Patriotic Trump Supporter,” and her photo album includes a photo of her smiling with Dinesh D’Souza. She claims…
Section 230’s Success in Under-the-Radar Cases
For every high-stakes Section 230 case that gets widespread coverage, I see many other low-profile cases–often pro se–where Section 230 works as we all expect. These rulings usually aren’t super-interesting because they confirm the status quo. However, they provide a…