Trump’s “Preventing Online Censorship” Executive Order Is Pro-Censorship Political Theater

…interpret Section 230. Section 3 instructs federal agencies to report on their online advertising. It also asks the DOJ to do something with those reports. Section 4 says it’s the…

Court Sends Google Assistant Privacy Lawsuit Back for a Redo

…the communications at issue are private. Plaintiffs pointed to a news report that false accepts captured sensitive conversations such as those occurring in the bedroom and those with children. However,…

High School Can’t Expel Student for Sharing Memes in Private Snapchat Conversation–JS v. Manheim Township School District

…without any further analysis, basically telling the school district to reread the district court’s opinion. According to a local news report, the school district’s insurance carrier covered the appeal costs,…

Another Suspended Twitter User Loses in Court–Wilson v. Twitter

reportedly used derogatory slurs for homosexuality, was reached in the course of a traditional editorial function—namely deciding what type of content to publish.” Thus, Section 230 applies to the suspension….

2H 2019 and Q1 2020 Quick Links, Part 7 (Content Moderation, Censorship, Defamation, & More)

…AI in Online Content Moderation 2019 Report (Produced on Behalf of OFCOM) * Washington Post: Content moderators at YouTube, Facebook and Twitter see the worst of the web — and…

Another 512(f) Claim Fails–Ningbo Mizhihe v Doe

…DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice of Claimed Infringement Not…

2H 2019 and Q1 2020 Quick Links, Part 4 (Section 230)

…property claims.” * Davidson v. Xcentric Ventures, 1:18-cv-11394-JCB (D. Mass. Aug. 15, 2019). Ripoff Report gets easy Section 230 win in pro se lawsuit. * Meyers v. Certified Guaranty Company…

Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. Craigslist

…is now open against Craigslist, who needs FOSTA??? The Magistrate’s Report Statute of Limitations The plaintiff was allegedly advertised on Craigslist in 2007 and 2008. That makes it seem like…

Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. Whitepages

…gleaned from judicial records [Nieman v. VersusLaw], but it appears that Defendants’ reports include far more information than that. One might still ask whether Defendants’ reports more like (i) a…

2H 2019 and Q1 2020 Quick Links, Part 3 (FOSTA/Backpage)

…of human trafficking, 99% of online respondents reported that this law does not make them feel safer.” The report concludes: FOSTA-SESTA has created an environment where vulnerable populations are pushed…

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