2023 Quick Links: Censorship

…on what Twitter can disclose in its transparency report about government national security letter and FISA requests survives strict scrutiny because [national security]. This highlights how transparency reports can mislead…

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

…widely recognized media outlet, the primary purpose of which is to report news and current events.” Unlike many of the other online child safety laws, the law does not explicitly…

Section 230 Applies to Doxxing TikTok Video–Couture v. Noshirvan

…posted twelve videos about Couture. He encouraged his followers to report Couture to Southwest Florida Crimestoppers. And he falsely reported to the Florida Department of Children and Families that Couture…

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

…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 * Can 512(f) Support an…

Does California’s Anti-Discrimination Law Ban Ad Targeting?–Liapes v. Facebook

…Facebook requires users to report their age and gender. Facebook also requires self-service advertisers to select age and gender for their ad targeting, Facebook’s default ad targeting settings include all…

Q&A About Emoji Law

…not have any idea of the criminal meanings. From my perspective, the most “dangerous” emojis have the highest likelihood of being misunderstood. In 2022, Adobe released a report saying that…

Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional

…Snapchat—the sites with the third-, fourth-, fifth-, and sixth-highest numbers of reports. Nextdoor is at the very bottom of NCMEC’s list, with only one report of suspected child sexual exploitation…

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

…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 v….

More Chaos in the Law of Online Contract Formation

…it purportedly added by amendment. The plaintiff agreed to the TOS in 2007, and the TOS said that Bleacher Report could amend the TOS by providing notice. Bleacher Report claimed…

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

…platforms’ impact (and maybe that of the Internet itself) on the news and the organizations that report it. Second, zooming out further, the case revolves around a topic covered on…

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