SAVE THE DATE: Internet Law Works-in-Progress Conference, SCU, March 8, 2025
After a multi-year hiatus due to the pandemic, the Internet Law Works-in-Progress conference is returning! (Some background about the series). The conference provides a venue for authors of Internet Law papers (broadly conceived) to workshop their drafts and get pre-publication…
Section 230 Preempts Clean Air Act Lawsuit Over “Defeat Device” Apps—U.S. v. EZ Lynk
This case involves “defeat devices.” When installed on a car, they suppress or bypass emission controls designed to protect the environment. It’s terrible that anyone uses defeat devices because we urgently must do more, not less, to prevent climate change….
Roblox Must Defend Illegal Gambling Claims–Colvin v. Roblox
[A reminder that I don’t do April Fools’ pranks.] The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” Users can buy Robux and exchange them on the platform for in-game experiences….
YouTube Defeats Claim Over Content Removal/Demonetization–Haocheng v. YouTube
Haocheng ran several monetized channels on YouTube. He claims that the Chinese Communist Party submitted takedown demands targeting his content, which YouTube ultimately honored. He sued YouTube claiming that the content removals breached YouTube’s contract. YouTube easily wins. The plaintiff…
TOS Formation Isn’t Hard to Do Right…Is It?–Tejon v. Zeus
Zeus Networks is a paywalled video site of “influencer”-produced content. 🙄 The plaintiffs allege that Zeus violated the VPPA. 🙄🙄 Zeus tries to direct the lawsuit to arbitration per its TOS, but the court says its TOS failed. Here’s the…
Ninth Circuit Does More Ninth Circuit Things in its Latest Section 230 Ruling–Diep v. Apple
Yet another cryptocurrency fraud case. 🙄 I previously described this case: This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k…
New Essay Comparing “Due Process” Approaches in the DMCA and DSA
As you know, I am not a fan of the EU’s DSA. Without First Amendment guardrails in the EU, the DSA represents a comprehensive government intrusion into the editorial processes of UGC services–with surely more intrusions to come. This will…
Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH
Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As the phrase goes, “he can dish it out, but he can’t take it“). This well-publicized lawsuit is an example of Musk waging lawfare…
Section 230 Applies to Claims Over Hijacked Accounts (Except Maybe Verified Accounts)–Wozniak v. YouTube
More Bitcoin litigation 🙄. This time, malefactors hijacked popular YouTube channels and uploaded videos promoting Bitcoin scams: First, scammers will breach YouTube’s security to unlawfully gain access to verified and popular YouTube channels with tens or hundreds of thousands of…
Judge Hammers SEC for Lying to Get an Ex Parte TRO–SEC v. Digital Licensing
As I’ve recently mentioned, ex parte proceedings are error-prone because the judge hears only one side of the story and doesn’t get enough context to spot the possible flaws. This systematic–and avoidable–risk of errors has materially contributed to the SAD…