Wisconsin Appeals Court Blows Open Big Holes in Section 230–Daniel v. Armslist
Congress eviscerated Section 230 via the Worst of Both World FOSTA, but defendants have been doing well with Section 230 defenses over the past year-plus. Then, last week, a Wisconsin appeals court issued a published opinion that massively screws up…
Airbnb Defeats Race Discrimination Claims–Harrington v. Airbnb
This is a class action lawsuit against Airbnb over racial discrimination. The lead plaintiff has never been an Airbnb member but requested to join if Airbnb ceased “implementation of its policies that discriminate against African-Americans and that allow hosts to…
2H 2017 & Q1 2018 Quick Links, Part 5: Marketing, Advertising, Retailing
Marketing/Advertising * Washington Post: See the cool kids lined up outside that new restaurant? This app pays them to stand there. * AdWeek: Burger King Dug Up a Bunch of Tweets From People Complaining About Wendy’s and Turned Them Into…
VRBO’s Anti-Fraud Guarantee Doesn’t Support Claim Over Fraudulent Listing–Hiam v. HomeAway
A vacationer found a listing of interest on VRBO (owned by HomeAway). After back-and-forth negotiations with the lister, he sent $46k for a week’s rental. The property proved to be fictional, so the vacationer got fleeced. VRBO investigated and, oddly,…
‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration
This morning, President Trump signed H.R. 1865, the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), into law. The bill signing was anticipated, but that doesn’t make the outcome any less terrible. Today, Washington DC regulators…
Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions
This is a lawsuit brought by four professors and a media organization (First Look, publisher of the Intercept). Plaintiffs study real estate, finance, and employment transactions and seek to highlight the discriminatory effects of algorithms. To do so, they create…
District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. Backpage
Backpage has been the poster child for Section 230’s purported failings. The argument goes (1) Backpage facilitates sex trafficking, (2) Section 230 protects Backpage, so (3) Section 230 is evil. That was the core message of the so-called “documentary” I Am Jane…
Ninth Circuit Reinstates Virtual Platform Gambling Lawsuit Against Big Fish
This is a lawsuit against the parent of Big Fish Games (Churchill Downs*), alleging that the Big Fish Casino offers illegal gambling. The district court dismissed. (Here’s my post on that ruling: “Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute.”)…
Section 230 Doesn’t Prevent City Regulation of Short-Term Rental Services (Again)–HomeAway v. Santa Monica
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In my list of top 10 Internet Law cases of all time, Airbnb v. San Francisco appeared as an honorable mention because it showed how any regulator could regulate…
Adpocalypse LawsuitGoBoom–ZombieGoBoom v. YouTube
In 2017, YouTube reconfigured its ad delivery algorithm to screen out videos that it thought advertisers disfavored. The resulting turmoil was popularly called the “Adpocalypse” because it dried up revenues for many YouTube channels. This includes the operator of the Zombiegoboom…