Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris
An activist group posted an online petition urging then-Presidential candidate Mitt Romney to reject Nevada billionaire Sheldon Adelson’s campaign contribution. The petition linked to an AP story, which in turn linked to a court filing alleging that Adelson OKed his hotel empire…
App Listening For Audio Beacons May Be Illegal Wiretapping–Rackemann v. Colts
This is a lawsuit against the Colts and app developers, alleging that the Colts’ app activates a device’s microphone and temporarily records portions of audio, for advertising purposes. The app monitors the audio for “beacon tones” which are then used…
Section 230’s Applicability to ‘Inconsistent’ State Laws (Guest Blog Post)
by guest blogger Cary Glynn [Eric’s intro: in the SESTA debates, occasionally there has been some confusion about how Section 230 interacts with state criminal laws. This issue is addressed by Section 230(e)(3), and Harvard Law 3L Cary Glynn is…
An Overview of Congress’ Pending Legislation on Sex Trafficking (Guest Blog Post)
By guest blogger Cary Glynn [Eric’s introduction: Harvard Law 3L Cary Glynn is back to provide a comprehensive picture of all of Congress’ current anti-sex trafficking efforts, of which SESTA is just one piece. Given this high level of activity, it’s clear that…
Message Board Operator Isn’t Liable for Highlighting User Comments–Ayyadurai v. Techdirt
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] I’m so far behind in my blogging that you’ve already heard about–and forgotten–this ruling. Ayyadurai claimed to have invented “email” because he developed a software program in the…
The DOJ’s Busts of MyRedbook & Rentboy Show How Backpage Might Be Prosecuted (Guest Blog Post)
by guest blogger Cary Glynn [Eric’s introduction: Backpage has defeated numerous efforts by civil litigants and state AGs to shut it down, with substantial help from Section 230. These unsuccessful enforcement efforts have fueled a key narrative for SESTA that, because of Section…
Nigerians Phish a B2B Transaction & Steal $736k. Who Bears the Loss?–Beau Townsend Ford v. Don Hinds Ford
This case could be a law school exam. Beau Townsend Ford (the seller) was looking to unload Ford Explorers in bulk. Their sales guy connects with a person at Don Hinds Ford (the buyer). They had transacted with each other…
Problems With SESTA’s Retroactivity Provision (Guest Blog Post)
by guest blogger Alex Levy The “Stop Enabling Sex Traffickers Act” (SESTA) is riddled with problems, discussed here, here, here, here, and here. However, very little attention has been paid to Section 3(b), which proposes making the civil provision retroactive: “the amendment made by subsection (a)(2)(B)…
New Essay: The Ten Most Important Section 230 Rulings
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] I’ve posted a new essay entitled “The Ten Most Important Section 230 Rulings.” It will be published in the Tulane Journal of Technology & Intellectual Property. Everyone loves…
My Senate Testimony on SESTA + SESTA Hearing Linkwrap
Last week, the Senate Commerce Committee held a hearing on the Stop Online Sex Trafficking Act of 2017 (SESTA). I testified as an academic expert on Section 230. My remarks: * * * I appreciate this opportunity to testify about…