When Can a Politician Block Constituents on Social Media?–Garnier v. O’Connor-Ratcliff
This case involves a school district near San Diego. The plaintiffs are parents of kids in the school district. The defendants, O’Connor-Ratcliff and Zane, are elected school board members. The defendants blocked the plaintiffs on social media. In light of…
Facebook Isn’t Liable for Account Hack/Hijack–Damner v. Facebook
This is a pro se lawsuit. Damner claims his Facebook account was hacked in April 2020 and the hacker(s) took it over. He notified Facebook but allegedly it never responded. Damner sued Facebook for Stored Communications Act claims and others….
Section 230 Year-in-Review for 2020
Section 230 had such a drama-filled year that I decided to do a separate roundup, in addition to my annual Internet Law wrapup coming soon. (I know 2020 feels like it was a decade ago…) Trigger warning: this post is…
New Op-Ed: People Who Understand Section 230 Actually Love It
[Published in the San Jose Mercury-News, January 10, 2021] Section 230, which says that websites aren’t liable for third-party content, has developed an increasingly bad reputation. In December, Pres. Trump vetoed a critical $740 billion military funding bill because Congress…
2H 2020 Quick Links, Part 5 (Contracts, E-Commerce, Defamation, Censorship, & More)
Contracts * Kidstar v. Facebook, Inc., 2020 WL 4382279 (D.N.J. July 31, 2020). The plaintiff sued Facebook because he lost access to photos in his account. assuming, arguendo, that Plaintiff opened a Facebook account in 2004, the 2009 User Agreement…
More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google
This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Despite its lack of novelty, this lawsuit got some media coverage for two reasons: (1) most of the…
A New CJEU Judgment on Copyright-Related Geoblocking – One Step Forward or One Step Back in the EU Commission’s Fight Against Geoblocking? (Guest Blog Post)
by guest blogger Marketa Trimble May a licensor limit a copyright license to a certain part of the European Union? The answer lies at the intersection of EU copyright law, EU anti-geoblocking law, and EU competition law. The three areas of…
FTC’s Confusing Guidance on How Merchants Should Manage Their Consumer Reviews
This blog post covers an FTC closing letter. A few words about FTC closing letters if you’re not familiar with them. When the FTC staff open an investigation but then decide not to take action, staff issues a “closing letter”…
Laura Loomer Loses Another Lawsuit Related to Her Twitter Ban–Illoominate v. CAIR
This is the detritus of Laura Loomer’s lawsuit against Twitter for banning her account. A court previously dismissed those claims on Section 230 grounds. She also sued the Council on American-Islamic Relations Foundation (CAIR), claiming they complained to Twitter about…
2H 2020 Quick Links, Part 4 (FOSTA)
* “Department of Justice shut down CityXGuide.com and arrested the site’s owner, for the first time utilizing the criminal expansions created under FOSTA/SESTA.” Notice of proceedings. Indictment. * Emily Morgan, On FOSTA and the Failures of Punitive Speech Restrictions, 115…