A Short Explainer of Why California's Social Media Addiction Bill (AB 2408) Is Terrible

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. Yesterday, I covered AB587, an editorial transparency law….

A Short Explainer of Why California's Mandatory Transparency Bill (AB 587) Is Terrible

A Short Explainer of Why California’s Mandatory Transparency Bill (AB 587) Is Terrible

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. Yesterday, I covered AB 2273, the Age-Appropriate Design Code. Today I’m covering AB587, an editorial transparency law…

A Short Explainer of How California's Age-Appropriate Design Code Bill (AB2273) Would Break the Internet

A Short Explainer of How California’s Age-Appropriate Design Code Bill (AB2273) Would Break the Internet

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. Today’s bill is AB 2273, the most pernicious of the three. It’s styled as a “protect kids…

School Can Discipline Student for Impersonating Teacher Online, Even if Other Students Added the Worst Content--Kutchinski v. Freeland School District

School Can Discipline Student for Impersonating Teacher Online, Even if Other Students Added the Worst Content–Kutchinski v. Freeland School District

This case involves a 14 year old student HK (and his friends) who, while off-campus, thought it would be funny to create a fake Instagram profile of his biology teacher, Schmidt. I’ve blogged SO MANY similar cases since 2005 (see…

More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)

More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)

by guest blogger Kieran McCarthy The Computer Fraud and Abuse Act (“CFAA”) is a law that was written before the commercial Internet was a thing (1984). And many judges—particularly Boomers in the rarified air of the appellate courts—grew up in…

A Court Calls Out Congress & the DOJ for Not Clarifying the ADA’s Application to Online Retailers–Martinez v. Cot’n Wash

This lawsuit involves the online retailer dropps.com (apparently it sells cleaning products). Martinez claims that the website isn’t ADA compliant. Martinez sued for an Unruh Act violation, predicated on an ADA violation. The court rejects the claim because a “place…

Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)

Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)

It’s an election year, and like clockwork, legislators around the country want to show they care about protecting kids online. This pre-election frenzy leads performative bills that won’t actually help any kids. Today I’m blogging about one of those bills,…

Quick Links from the Past Year, Part 8 (Editorial Transparency)

Quick Links from the Past Year, Part 8 (Editorial Transparency)

* NY Assembly Bill A7865A. A dangerous new mandatory editorial transparency law to supplement Florida and Texas. Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a…

Ninth Circuit: Elected Officials Violated the First Amendment by Blocking Constituents on Social Media--Garnier v. O’Connor-Ratcliff

Ninth Circuit: Elected Officials Violated the First Amendment by Blocking Constituents on Social Media–Garnier v. O’Connor-Ratcliff

This case involves two elected trustees of the Poway Unified School Board (PUSD), Michelle O’Connor-Ratcliff and T.J. Zane. (Poway is a San Diego suburb). They used their Facebook and Twitter pages “to inform constituents about goings-on at the School District…

Trademark Owner Fucks Around With Keyword Ad Case & Finds Out--Las Vegas Skydiving v. Groupon

Trademark Owner Fucks Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. How extensively do they discuss the risks? There’s plenty to discuss. You can get bad publicity and alienate customers (and…