by guest blogger Kieran McCarthy hiQ Labs v. LinkedIn Corp. is arguably the most important case in the history of web-scraping jurisprudence. In 2019, the Ninth Circuit concluded that “when a computer network generally permits public access to its data,…
[Remember that our country is facing multiple existential threats. PLEASE VOTE.] This case involves two “heavy metal” bands, “We Are the End” and “Rings of Saturn” (the Spotify bio describes Rings of Saturn as “a progressive, technical deathcore outfit”). I…
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…
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…
Another pro se lawsuit over Facebook account terminations fails. Some background on the case. This is an easy Section 230 case: “A social media site’s decision to delete or block access to a user’s individual profile falls squarely within this…
[Reminder: our country is falling apart. Focus on that until the election, then revisit this post.] My Emojis and the Law paper argued that: (1) the diversity of emoji depictions (sometimes called fragmentation) creates potential misunderstandings that cause a host…
[To be honest, I’m struggling to blog new IP law developments during a time when we may be witnessing the last days of the American republic. Candidly, I’m hoping you won’t distract yourself from the urgent existential threats our country…
I’m blogging yet another terrible Section 230 reform proposal: S. 4534, the ‘‘Online Freedom and Viewpoint Diversity Act’’ (introduced by Sens. Wicker, Graham, and Blackburn), which has been rolled into S. 4632, the “Online Content Policy Modernization Act.” Despite the…
As I recently explained, the Trump administration’s efforts to suppress TikTok do not benefit the American public one bit. Fortunately, the Trump administration’s efforts to “MAGA” frequently fail when challenged in court, as is the case here. This case addresses…
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…