At the request of Centre for International Governance Innovation (CIGI), a Canadian think-tank, I wrote a short essay called “Five Things to Know About Section 230.” It’s a brief-and-breezy overview of Section 230 to get Canadian readers up-to-speed on our…
Selden sued Airbnb for racial discrimination. Airbnb invoked its arbitration clause. Five years ago, the district court sent the case to arbitration. Selden lost the arbitration because a room in an owner-occupied, single-family residence isn’t a public accommodation (similar to…
A class of plaintiffs sued the credit bureau TransUnion, alleging that they were improperly placed on a “watch list” that TransUnion offered to supplement credit reports. TransUnion’s watch list was designed to help businesses avoid transacting with people who were…
The plaintiff is deaf. He tried to watch videos on the USA Today website but couldn’t due to the lack of closed captioning. USA Today defended on the grounds that its website isn’t a place of public accommodation. The court…
Advertising/E-Commerce * Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. While such social media posts may not have the…
This case relates to a joyous and heartwarming video you’ve probably seen, where two 2-year-old boys–one black, one white–run up to each other, give each other a big hug like they are long-lost friends, and then run down the sidewalk…
Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law….
When Trump signed his anti-230 EO in May 2020, I was immediately overwhelmed with media calls all asking the same basic question: this is garbage, right? We now have the final answer to that question. As I and others predicted…
Content Moderation * NYT: Inside Twitter’s Decision to Cut Off Trump * Axios: All the platforms that have banned or restricted Trump so far * NY Times: What Happened When Trump Was Banned on Social Media * NY Times: Mark…
Daniels is a YouTuber apparently of the #MAGA persuasion. Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to…