Ban on Sex Offenders Using Social Media Violates First Amendment–Packingham v. North Carolina
Yesterday, the Supreme Court struck down a North Carolina law that banned registered sex offenders from using social media sites. It’s a rare treat to get a Supreme Court opinion delving into Internet content regulations, and as a bonus, this…
Recapping the “Can Technology Rescue Democracy” Essay Series at The Atlantic
As I mentioned before, I helped organize a series of essays at The Atlantic addressing the question: “Is technology hurting our democracy, and can it help save it?” The series is now complete, so I thought it was worth revisiting…
How Is Texting a Dick Pic Like Masturbating in a Person’s Presence?–State v. Decker
My apologies for the indelicate headline. If you’re reading this because you’re hoping for some salacious insights regarding sexting, dick pics or masturbation, this post will disappoint you. An obvious protip: taking advice from a law professor on such topics…
Will Technology Destroy Our Democracy–or Save It? A Series of Papers at The Atlantic
The decade-old book The Victorian Internet recaps the rise and fall of the telegraph. The telegraph was supposed to connect people together, but instead it played a crucial role facilitating ever-more-destructive wars. The author wrote: “That the telegraph was so…
WARNING: Draft “No Immunity for Sex Traffickers Online Act” Bill Poses Major Threat to Section 230
I rarely blog about draft bills that have not yet been introduced. Sometimes those drafts never get introduced at all; other times, the draft bills are revised in key ways before introduction. This particular draft has been circulating for a…
2H 2016 Quick Links, Part 11 (Social Media, Harassment, E-Discovery & More)
Social Media * US v. Elonis, 2016 WL 6310803 (3d Cir. Oct. 28, 2016). Anthony Elonis’ conviction for criminal threats was once again upheld: Considering the graphic nature of the three messages Elonis posted in October, it is not at…
Conflict of Laws Has Caught Up with Silicon Valley. Now Silicon Valley Needs to Catch Up on Conflict of Laws (Guest Blog Post)
By guest blogger Marketa Trimble On October 24 and 25, 2016, the Center for Internet and Society at Stanford Law School hosted a conference entitled “Law, Borders, and Speech.” The excellent, thought-provoking conference featured panels of U.S. and international speakers, a…
Celebrating Judge Ronald Whyte’s Contributions to Internet Law
As you may know, Judge Ronald Whyte is retiring from the Northern District of California. Last week, a symposium at Stanford celebrated his contributions to IP law, especially patent law. The Recorder’s writeup. My photo album. Judge Whyte’s Contributions to…
Some Comments on the CA/TX Attorneys’ General Prosecution of Backpage’s Executives
By now I’m sure you’ve heard that California Attorney General Kamala Harris is prosecuting three Backpage executives for pimping/conspiracy to pimp. This is the latest–and perhaps last–development in a decade-long effort by legislators, state AGs and local prosecutors to shut…
FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising
For over a decade, I’ve blogged about 1-800 Contacts’ campaign to suppress competitive keyword advertising, including its legislative games (e.g., those times when 1-800 Contacts asked the Utah legislature to ban competitive keyword advertising) and at least 15 lawsuits against…