Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal
BrandTotal offered a Chrome extension called “UpVoice.” Once installed, the extension allegedly scraped public and non-public information from the users’ Facebook and Instagram accounts. Facebook attempted to crack down on the extension. It terminated BrandTotal’s Facebook and Instagram pages and…
Yet Another Twitter Account Suspension Case Fails–Jones v. Twitter
Jones had a Twitter account @aboxoffrogs. Twitter permanently suspended the account for hateful conduct. Jones sued Twitter (pro se) for (1) defamation, (2) tortious interference, (3) aiding and abetting, (4) conspiracy, (5) ratification, (6) retraction, (7) violation of Section 230(c),…
One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes
This is a junk fax case. Plaintiff (Daisy), a corporation, used Vonage to receive faxes. It received a junk fax, but rather than receiving it on its fax machine, Daisy received the fax via email, as a .pdf. Daisy alleged…
SF Chronicle Op-Ed: “Prop. 24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process”
[I published this op-ed in the San Francisco Chronicle yesterday] Most voters initially are inclined to support Prop. 24, the California Privacy Rights Act (CPRA). Everyone wants more privacy. But that initial support dissolves after careful scrutiny. Prop. 24 does…
Facebook Doesn’t Have a Duty to Prevent a Murder–Godwin v. Facebook
In 2017, Steve Stephens murdered Robert Godwin Sr. On the day of the murder, Stephens made the following post to Facebook: FB my life for the pass year has really been fuck up!!! lost everything ever had due to gambling…
Over 50 Privacy Professionals & Experts Oppose Prop. 24
The length and complexity of Proposition 24, the California Privacy Rights Act (CPRA), makes it challenging for ordinary citizens to evaluate the proposal. Thus, it’s helpful to hear how members of the privacy community feel about it. They are in…
What Does the Legislature Have to Show for Its CCPA Amendments in 2020? Not Much (Guest Blog Post)
by guest blogger Tanya Forsheit Professor Goldman asked me to share my two cents on the short extensions of time to the employee and business to business exemptions to the California Consumer Privacy Act (“CCPA”) that Governor Newsom signed on…
WeChat Executive Order Enjoined Because (Of Course) It’s Unconstitutional–WeChat Users v. Trump
A federal district court preliminarily enjoined Executive Order 13943 seeking to kick WeChat out of the United States. This is a good ruling blocking an obviously unconstitutional executive order, but the fact the federal government issued and aggressively defended yet…
Facial Recognition Database Vendor May Not Qualify for Section 230–Vermont v. Clearview
As you recall, Clearview AI is a facial recognition database vendor. Some law enforcement departments have adopted its service, but we aren’t sure how many. We also aren’t sure about its facial recognition accuracy (or, for that matter, how much…
Californians: VOTE NO ON PROP. 24, The California Privacy Rights Act (CPRA)
On November 3, Californians will vote on Prop. 24, the California Privacy Rights Act (CPRA). Like most other ballot propositions, it’s designed to bypass the legislative process. Californians are usually inclined to vote “no” on those propositions, and that’s the…