Santa Clara Law Is Hiring a Privacy Law Fellow for 2020-21
We’re hiring a Privacy Law Fellow for 2020-21, with the expectation that the term would extend another year if both sides are happy. The priority deadline is February 21. I’d be grateful if you could help spread the word. If…
FOSTA Constitutional Challenge Revived–Woodhull Freedom Foundation v. US
The DC Circuit revived the EFF-led constitutional challenge to FOSTA, holding that at least two of the plaintiffs have standing. This raises the specter that key parts of FOSTA might still be struck down as unconstitutional. Among other things, FOSTA…
2019 Emoji Law Year-in-Review
Some highlights from emoji law in 2019: (Continued) Exponential Growth of Case References I found 101 cases in 2019 that referenced “emoji” or “emoticon.” That nearly doubles the number from 2018, reinforcing that emoji law continues to grow exponentially. You…
Facebook Still Isn’t Obligated to Publish Russian Troll Content–FAN v. Facebook
In response to Russian interference with our 2016 presidential elections, Facebook belatedly purged content that it believed came from Russian trolls. That crackdown shut down the account of the “Federal Agency of News” (FAN), which allegedly has ties to Russia’s…
A Blog’s RSS Feed May Not Grant an Implied Copyright License–MidlevelU v. Newstex
MidlevelU publishes a blog on nursing topics. Like most blogs, it contains an RSS feed. Newstex subscribed to the RSS feed and republished the blog posts as part of its now-defunct subscription service called “Scholarly Blog Index.” MidlevelU sued Newstex…
Vimeo Defeats Lawsuit for Terminating Account That Posted Conversion Therapy Videos–Domen v. Vimeo
Domen characterizes himself as a “former homosexual” who has now embraced heterosexuality. Domen (through his organization Church United) published 89 videos on Vimeo. Vimeo flagged the videos as violating its policy against the promotion of “Sexual Orientation Change Efforts (SOCE),”…
Website Denied Section 230 for No Good Reason, Wins the Case Anyways–DF Pace v. Baker-White
[Warning: long and sad blog post ahead. Get the tissues now] This case involves the Plain View Project, run by Injustice Watch. The PVP republishes social media posts by law enforcement officers that might signal racist, misogynist, or other discriminatory…
The Israeli Chipmunk Emoji Mystery Resolved!
One of the most celebrated cases in emoji law is Dahan v. Shakaroff, an Israeli decision involving a landlord’s claim that prospective tenants Nir and Yarden (a married couple) engaged in bad faith negotiations over leasing an apartment. At issue…
Ninth Circuit Doubles Down on Bad Ruling That Undermines Cybersecurity–Enigma v. Malwarebytes
This case involves rival makers of anti-threat software. The defendant, Malwarebytes, classified its rival’s software as a PUP, or Potentially Unwanted Program. The rival sued. Malwarebytes defended on 47 USC 230(c)(2)(B), which provides a safe harbor for filtering software. Malwarebytes…
Top Internet Law Developments of 2019
It’s increasingly hard to find good news in Internet law, so I organized this year’s Internet Law roundup by categories of doom. Trigger warning: you should grab some tissues before proceeding. Doomed (in a Bad Way) Doomed: User-Generated Content. It…