2022 Internet Law Year-in-Review
Three dynamics combined to make 2022 a brutal year for Internet Law. First, the techlash is taking its toll. There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control….
Section 230 Protects Services That Permit Anonymous Third-Party Posts–Bride v. Snap
This case involves two “anonymous messaging” apps, Yolo and LMK. Both allegedly target teens audiences. “Plaintiffs allege they received harassing messages in response to their benign posts on Defendants’ applications and did not receive comparable messages on other platforms in…
2H 2022 Quick Links, Part 1 (Marketing, Privacy)
Marketing * FTC cracks down on live reads on the radio. * NY Times: Meta Agrees to Alter Ad Technology in Settlement With U.S. * Comcast v. Comptroller, No. C-02-cv-02-10509 (Md. Cir. Ct. Oct. 21, 2022). Court strikes down Maryland’s…
A Hospital Mailed a Patient’s Confidential Diagnosis to a Rando. You’ll Never Guess What Happened Next–ZD v. Community Health
The facts in this case are so bizarre and outrageous that I had to read them several times: On September 30, 2018, Z.D. underwent an examination and medical testing in the emergency department of a Community facility in Indianapolis. Afterward,…
Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA
[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Google probably later this week.] Yout’s software allows users to rip digital streams, such as from YouTube. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1)…
Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy
When a proposed new law is sold as “protecting kids online,” regulators and commenters often accept the sponsors’ claims uncritically (because…kids). This is unfortunate because those bills can harbor ill-advised policy ideas. The California Age-Appropriate Design Code (AADC / AB2273,…
Some Memes About California’s Age-Appropriate Design Code (AB 2273)
Today, I’m continuing my coverage of CA AADC (AB 2273) with a few memes on the subject: * * * * * * * * * My caption: “CAPTCHA vendors are training their age assurance algorithms for CA’s Age Appropriate…
Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple
This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’…
An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC)
I did a media interview regarding AB 2273 that I thought was worth sharing here. For more on the bill, see my prior coverage: Op-ed Explainer Deep dive Can the existing UK Age-Appropriate Design Code tell us anything about what…
Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn
hiQ was a data snarfer. Specifically, it was “a ‘people analytics’ company that provided information to businesses about their workforces based on statistical analysis of LinkedIn members’ wholly public profiles.” In May 2017, LinkedIn sent hiQ a C&D and blocked…