The Wrap Taxonomy Vexes the Judge in the LinkedIn Insight Tag Cases
In the LinkedIn “Insight Tag” cases, Judge Davila issued two opinions where he classified UIs into the Wrap Taxonomy–and left a trail of appeallable issues in his wake. L.W.A. v. LinkedIn Corp., 2025 WL 2780788 (N.D. Cal. Sept. 30, 2025)…
Another TOS Formation Fails–Carruth v. Big Little Feelings
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…
Ninth Circuit Dismisses “Session Replay” Lawsuit–Popa v. Microsoft
This case involves “session replay” technologies, described as (cleaned up): the software embeds snippets of JavaScript computer code on a website, which then deploys on each website visitor’s internet browser for the purpose of intercepting and recording the website visitor’s…
The Ninth Circuit’s Flood of TOS Formation Cases
Earlier this year, the Ninth Circuit issued companion rulings in Chabolla and Godun that scrambled Ninth Circuit TOS formation law. You can see where I think things now stand in the (free!) Online Contracts chapter from my Internet Law casebook….
Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox
The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the host, at which point the web host can remain legally…
The Second Circuit Is Done With Meta Pixels VPPA Cases–Hughes v. NFL
In May 2025, the Second Circuit rejected a Meta Pixels case based on the VPPA. See Solomon v. Flipps. Another VPPA Meta Pixels case came back to the Second Circuit, and it only took a short memo opinion to dismiss…
Court Rejects Trespass to Chattels Claim Over Placing Cookies–Doe v. Tenet
This is a Meta pixels case. The pixel setup includes the placement of cookies on users’ devices. The plaintiffs argued that the cookie placement trespassed their devices. The court disagrees but gives plaintiffs leave to amend. (As usual, there is…
A Takedown of the Take It Down Act
By guest blogger Prof. Jess Miers (with additional comments from Eric) Two things can be true: Non-consensual intimate imagery (NCII) is a serious and gendered harm. And, the ‘Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and…
Court Dismisses Lawsuit Over Online Review of a Chicago Dater–D’Ambrosio v. Rajala
The plaintiff in this case is Nikko D’Ambrosio. He recently served time in prison for tax issues. Separately, he brought a lawsuit over the “Are We Dating the Same Guy?” Facebook group, run by Spill the Tea, “where women can…
Addiction Lawsuit Against Character AI Can Proceed–Garcia v. Character Technologies
Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases….