A Takedown of the Take It Down Act
…intimate visual depiction of the submitter? Did the submitting person consent to the depiction? Is the depiction otherwise subject to some privilege? (For example, the First Amendment) Can the service…
NJ Supreme Court Blesses Lawyers’ Competitive Keyword Ads (With a Baffling Caveat)
…jurisdictions, “New Jersey does not require lawyers to submit their advertisements for pre-publication review.” Advisory Comm. on Pro. Ethics & Comm. on Att’y Advert., Notice to the Bar: Proposed Amendments…
A Roundup of Recent Section 230 Decisions Involving Sex Abuse or CSAM
…their users to submit content. The Roommates.com case explicitly addressed this point: if “you don’t encourage [only] illegal content, or design your website to require users to input [only] illegal…
Court Permanently Enjoins Ohio’s Segregate-and-Suppress/Parental Consent Law–NetChoice v. Yost
…Unconstitutional…But Other Parts Are Green-Lighted–NetChoice v. Bonta Section 230 Defeats Underage User’s Lawsuit Against Grindr–Doll v. Pelphrey Five Decisions Illustrate How Section 230 Is Fading Fast Internet Law Professors Submit…
Arkansas’ Social Media Safety Act Permanently Enjoined—NetChoice v. Griffin
…parents would allow them to use social media. Requiring adult users to produce state-approved documentation to prove their age and/or submit to biometric age-verification testing imposes significant burdens on adult…
Why I Emphatically Oppose Online Age Verification Mandates
…Internet Law Professors Submit a SCOTUS Amicus Brief on Online Age Authentication–Free Speech Coalition v. Paxton Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes Another Texas…
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…
Glassdoor Partially Fixes a Bad Section 230 Ruling–Nicholas Services v. Glassdoor
…other words, that Roommates.com exception only applies when a website forces users to submit ONLY “illegal” content (in this case, only defamatory content). (But…if the public brand never had any…
Internet Law Professors Submit a SCOTUS Amicus Brief on Online Age Authentication–Free Speech Coalition v. Paxton
Along with seven other Internet Law professors, I filed an amicus brief with the US Supreme Court in the case of Free Speech Coalition v. Paxton. The lawsuit challenges Texas…
Glassdoor Denied Section 230 Immunity for Reviews from Non-Employees–Nicholas Air v. Glassdoor
…publication, a website plays such a significant creational role that it renders itself an information content provider of the selected third-party content. If a website encourages users to submit false…