A Takedown of the Take It Down Act
…no process for sorting this out. Services are expected to remove first and ask questions never. Complicating matters further, the law imposes an obligation to remove not only the reported…
NJ Supreme Court Blesses Lawyers’ Competitive Keyword Ads (With a Baffling Caveat)
…keyword advertising by lawyers. The report surely helped the court, though it left many questions unanswered. The majority says that purchasing keyword ads isn’t a regulated marketing activity under the…
A Roundup of Recent Section 230 Decisions Involving Sex Abuse or CSAM
…publisher. Thus, this claim is barred by Section 230.” The plaintiff also argued that Instagram should have made it easier to report sexual predators on the site. The court responds:…
Amazon Merchant Takedown Notice Attack Spills Over to Court–GM Photo v. Focus Camera
…counterfeit, Amazon suspended the reported listing, preventing GM from selling the reported lens.” Elsewhere, the opinion suggested that Focus’ takedowns disrupted $1.5M of GM’s inventory. The opinion doesn’t lay this…
Viral DRM Awarded Damages for Its 512(f) Claims, But At What Cost?
…Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal * Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices…
Section 230 Applies to Consumer Reporting Agencies (But Only Sometimes)–Foley v. IRBsearch
…report is a straightforward list of public records organized into categories such as “Address Summary,” “Bankruptcy Records,” and “Voter Registrations.” By compiling this report, Defendant merely makes third-party content more…
California AG Abandons Key Parts of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
…the state challenges a TOS disclosure as not detailed enough, that would be a mandatory editorial transparency enforcement that I think is unconstitutional. 2) Submit a TOS report to the…
California’s Age-Appropriate Design Code (AADC) Is Completely Unconstitutional (Multiple Ways)–NetChoice v. Bonta
…product, or feature likely to be accessed by children.” The state introduced an expert report acknowledging that the law covered “children’s online access to video games, video streaming services, social…
Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)
…or incorrect reports, not unfounded reports – like the second CyberTip, where Synchronoss (which allegedly automates all of its tips) supposedly didn’t review the reported image despite representing that it…
Blogiversary: Readers’ Favorite Topics, Posts, and Memes (Part 4 of 10)
…“I like the frequent and long running reporting of internet keyword cases. I have routinely done searches of all the blog posts on this to make sure I am up…