This is a pro se lawsuit, which explains why the plaintiffs tried obviously doomed arguments that (I hope) no attorney would make in 2020. The plaintiffs are affiliated with a Brooklyn synagogue, Kneses Israel of Seagate. Someone created a Twitter…
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…
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…
This morning, I testified before the Utah legislature’s Judiciary Interim Committee about updating Utah’s anti-SLAPP law. My testimony is below. Several members of the committee expressed concern about California’s anti-SLAPP law scope because it made it too hard for plaintiffs,…
[I did a short interview with a book author:] When we hear this debate of whether social media sites are publishers or platforms, why is it relevant to everyday consumers of content from sites like Facebook and YouTube? It isn’t,…
by guest blogger Kieran McCarthy Compulife Software, Inc. v. Newman is the first circuit court case in more than half a decade to expand liability for web scrapers under state and federal law. The two most recent circuit court opinions…
In April, a magistrate judge issued a breathtaking ruling that Craigslist can be sued for sex trafficking torts, that Section 230 didn’t support Craigslist’s motion to dismiss, and that the statute of limitations might not apply even though the facts…
TL; DR: fair use supports another motion to dismiss a photo copyright case. A ruling of mild interest to copyright lawyers. However, the real reason you’re going to want to read this blog post is to learn why a court…
This is another one of my overlong angsty posts about the death of Section 230. Today’s angst is about the liability regime for online marketplace transactions, the inevitable demise of online marketplaces, and how we’ll all end up poorer when…
This Twibel opinion starts off colorfully: “If the Internet is akin to the Wild West, as many have suggested, Twitter is, perhaps, the shooting gallery, where verbal gunslingers engage in prolonged hyperbolic crossfire. It is in this context of battle…