A Recap of the Senate Judiciary Committee Hearing on Amending the California Consumer Privacy Act (Guest Blog Post)

A Recap of the Senate Judiciary Committee Hearing on Amending the California Consumer Privacy Act (Guest Blog Post)

by guest blogger Tanya Forsheit, Frankfurt Kurnit Klein & Selz PC [Eric’s note: it takes super-human dedication to watch a 12+ hour hearing on CCPA amendments. Though I’m willing to do a lot for blog readers, I didn’t have that level…

1H 2019 Quick Links, Part 4 (Section 230, Content Moderation)

Section 230 * Historical archive of Section 230 case materials (with Jeff Kosseff) * Some Congressmembers are developing a letter asking the State Department to delete the Section 230-like immunity from the USMCA. Background. * Cunningham v. Montes, 2019 WL…

Large and Diverse Coalition Issues a Statement of Principles to Help Evaluate UGC Liability Reform Proposals

Yesterday, I posted a 2,300 word takedown of Sen. Hawley’s anti-Section 230 bill. That post took me at least 6 hours of drafting time, and 3 weeks of chronological time, to prepare. I separately wrote a deconstruction of the UK…

Comments on Sen. Hawley's "[Ending] Support for Internet Censorship Act"

Comments on Sen. Hawley’s “[Ending] Support for Internet Censorship Act”

Sen. Josh Hawley’s “[Ending] Support for Internet Censorship Act” (S. 1914) would require large(ish) Internet companies to prove to the Federal Trade Commission (FTC) that they publish user content in a politically neutral way–or categorically lose Section 230 immunity. In…

Pres. Trump Violates the Constitution By Blocking @RealDonaldTrump Followers--Knight First Amendment v. Trump

Pres. Trump Violates the Constitution By Blocking @RealDonaldTrump Followers–Knight First Amendment v. Trump

In the Knight Foundation’s First Amendment lawsuit against President Trump for blocking Twitter users, the Second Circuit says that his blocking of users based on their viewpoints violates the First Amendment. This is a resounding loss for the President. (Our…

Amazon May Be Liable for Marketplace Items–Oberdorf v. Amazon

In what could be a seismic ruling, the Third Circuit held that Amazon is a legally responsible seller of defective marketplace items, exposing it to potentially enormous liability. This represents the worst loss yet for Amazon over marketplace sales. However,…

1H 2019 Quick Links, Part 3 (Trademarks)

* Williams-Sonoma v. Amazon, Case No.18-cv-07548-EDL (N.D. Cal. May 2, 2019): The first theory of infringement – that Amazon set up an unauthorized Williams-Sonoma website – is not plausible. The screenshots included in the complaint and/or attached as exhibits show…

1H 2019 Quick Links, Part 2 (Keyword Advertising)

* Grasshopper House LLC v. Clean & Sober Media LLC, 2019 WL 2762936 (C.D. Cal. July 1, 2019). Prof. Tushnet recaps the case. The passages that stood out to me: Lastly, Passages argues for a third mechanism to estimate Cliffside’s…

1H 2019 Quick Links, Part 1 (Copyright & More)

Copyright * Long v. Dorset, 2019 WL 861424 (N.D. Cal. Feb. 22, 2019). Dorset allegedly locked Long out of his Facebook page. Access was restored in 5 business days. The court says that’s expeditious enough for DMCA notice-and-takedown purposes: Plaintiff’s…

Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers)--Fox v. Amazon

Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers)–Fox v. Amazon

This is one of many lawsuits over defective hoverboards sold by vendors in Amazon’s marketplace. Starting in November 2015, Amazon conducted an investigation into the dangers of hoverboards. On December 11, 2015, Amazon decided the entire category of hoverboards was…