All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v. Facebook
In July, Trump sued Twitter, YouTube, and Facebook for terminating his accounts in three separate doomed-to-fail lawsuits. The lawsuits were filed in Trump’s home court of Southern District of Florida. The three defendants all filed motions to transfer the cases…
Are Individual Emoji Depictions Copyrightable? Yes…Well, Sometimes…It Depends…
Though it might surprise you, copyright can protect individual emoji depictions. However, determining when they are copyrightable is a subtle art. This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. Though it won’t be the…
Two More Courts Tell Litigants That Social Media Services Aren’t State Actors
Pro se litigants often claim that Internet services are state actors. Those claims have been universally rejected by courts. Yet some legislators and regulators, funded by our tax dollars, are taking the same meritless position… Sescey v. YouTube, 2021 WL…
Comments on HB 5502, the “INFORM” Act
Today, the House Energy and Commerce Committee is marking up the INFORM Act (I think this is the latest version but who knows). The INFORM Act is like a “know-your-customer” (KYC) law for sellers in online marketplaces. It iterates on…
My California Senate Judiciary Committee Testimony on Section 230 and State Regulation
Last week, the California Senate Judiciary Committee held an informational hearing entitled “State of Social Media Regulation: Misinformation, Exploitation, Harassment, and Radicalization.” I testified about Section 230’s applicability to state regulatory efforts. Spoiler: Section 230 forecloses many of the legislature’s…
Another Online Account Termination Case Fails–King v. Facebook
The plaintiffs are Adrienne Sepaniak King and Christopher Edward Sepaniak King, a mother-son duo. The family that sues together stays together. Facebook terminated the mom’s account allegedly for violating Facebook’s community standards. Attempts to resurrect it were unsuccessful. The lawsuit…
Talk Notes on the Constitutionality of Transparency Requirements for Internet Services
Yesterday I presented at UC Hastings’ Pound Civil Justice Institute on my forthcoming paper that questions the constitutionality of mandatory disclosure obligations imposed on Internet services. My talk notes: I’m writing about laws that mandate the transparency of editorial activities…
BBB Defeats Defamation Lawsuit (After 7 Years)–Better Way v. BBB
A Better Way Wholesale Autos sells cars “as is.” Some buyers who experienced mechanical problems nevertheless felt hornswoggled, and over 100 of them complained to the Better Business Bureau (BBB). The vendor sued BBB because the low ratings were allegedly…
Previewing the “Lessons from the First Internet Ages” Symposium
As I mentioned, I’m part of a team organizing a special virtual event called the “Lessons from the First Internet Ages Symposium.” The event starts tomorrow 10am Pacific, and it’s not too late to sign up! The event will explore…
Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart
This is the latest dubious Internet Law ruling from the Eighth Circuit. (Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. Reisch). In this ruling, the court says Walmart may have imposed a binding arbitration clause…