New Primer on the California Privacy Rights Act (CPRA)
In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020. The passage of…
Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil
Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. The defendants run the Accident Injury Legal Center, which runs a lawyer referral service. It bids on the…
CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud
Blackbaud “provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” In a very unfortunate development, cybercriminals hacked into Blackbaud’s database…
Emoji Version Variations Help Identify Fabricated Evidence–Rossbach v. Montefiore Medical
Rossbach worked at Montefiore Medical Center. She claims her supervisor sexually harassed her and then the center retaliated against her. This screenshot is the evidentiary centerpiece of her claim: The last line is the court’s: “This image is a fabrication.”…
Satirical Depiction in YouTube Video Gets Rough Treatment in Court
Goodman made and posted a YouTube video called the “Crony Awards,” bestowing honors on countries that downplayed the COVID-19 virus. Because the court says Goodman’s company “traffics in wild conspiracy theories,” it’s likely the video actually celebrates countries for COVID…
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]](https://blog.ericgoldman.org/wp-content/uploads/2021/07/mark-konig-mx94V7uE1eU-unsplash-150x150.jpg)
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…