Catching Up on Recent FOSTA Developments (None of Them Good)

…it ordered the GAO to produce a report on how litigants were using their new tools. The report was due in April 2021. 2 months later, GAO delivered its report,…

The First Amendment Protects Twitter’s Fact-Checking and Account Suspension Decisions–O’Handley v. Padilla

…But the only evidence of joint action was the single November 2020 report from the California Secretary of State’s office to Twitter, and that report “did not direct or even…

Section 230 Preempts Claims Against Omegle–M.H. v. Omegle

…rebuttal report in this case, but the court granted the motion to dismiss without reaching the reports. More SESTA/FOSTA-Related Posts: * To No One’s Surprise, FOSTA Is Confounding Judges–J.B. v….

Court Denies Class Certification in Click Fraud Case–Singh v. Google

…Click Fraud Settlement Approved * Yahoo Click Fraud Settlement Preliminary Approval * Google Click Fraud Report * AIT Click Fraud Lawsuit Stayed * Lane’s Gifts Click Fraud Lawsuit Near Settlement…

2021 Emoji Law Year-in-Review

…emoji/emoticon breakdown and the dataset generally–ask me if you want more details. The bottom line is to treat the dataset as a directional indicator, not as a quantitatively precise report.]…

A 512(f) Plaintiff Wins at Trial! 👀–Alper Automotive v. Day to Day Imports

…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 * Can 512(f) Support an Injunction? Novotny…

Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits

…screening mechanisms to identify or remove or report individuals who are selling or buying large numbers of firearms through the website, the failure to track patterns of users of the…

Court Enjoins Texas’ Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law–NetChoice v. Paxton

…Adam Candeub “expert” witness report. Motion to strike this report. Preliminary injunction motion. My blog post. NetChoice Declaration CCIA Declaration Declaration from YouTube Declaration from Facebook Declaration from LGBT Technology…

Catching Up on NetChoice v. Paxton, the Challenge to Texas’ Social Media Censorship Law

…that only applies to damages. 🙄 Candeub Report The brief relies heavily on an “expert” report from Adam Candeub. Life is too short to spend precious time reading the report,…

Does the First Amendment Permit Government Actors to Manage Social Media Comments?–Tanner v. Ziegenhorn

…Block on Commenting Tanner posted a second comment that implied that the police officer in question had filed a false report about him. “While not entirely on topic, this comment…

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