Uber's TOS Fails in Court (Again)--Sarchi v. Uber

Uber’s TOS Fails in Court (Again)–Sarchi v. Uber

The plaintiff sued because she’s blind and an Uber driver refused to pick her up with her guide dog. Uber invoked the arbitration clause in its TOS. The Maine Supreme Court says that the TOS wasn’t properly formed. This is…

2021 Internet Law Year-in-Review

2021 Internet Law Year-in-Review

This is my annual review of the Internet Law highlights of the prior year. I’ve posted a 2021 year-in-review post for emoji law, and I will post a separate Section 230 year-in-review soon. NFTs. Much of the NFT activity right…

DC Circuit Confirms That Congressional Jawboning Isn't Actionable--AAPS v. Schiff

DC Circuit Confirms That Congressional Jawboning Isn’t Actionable–AAPS v. Schiff

This is one of many cases, often related to #MAGA or anti-vax, seeking legal recourse for Congressional jawboning of Internet services. More typically, the plaintiff claims Internet services become state actors due to the jawboning directed at them. In contrast,…

Court Quashes 512(h) Subpoena Submitted to YouTube--Watch Tower v. Kevin McFree

Court Quashes 512(h) Subpoena Submitted to YouTube–Watch Tower v. Kevin McFree

A “lapsed” Jehovah’s Witnesses member, using the alias “Kevin McFree,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The IP arm of the Jehovah’s Witnesses (the “Watch Tower”) claimed that one such video, the “Dubtown…

New Article: "The Constitutionality of Mandating Editorial Transparency"

New Article: “The Constitutionality of Mandating Editorial Transparency”

I’ve posted a draft of my latest article, “The Constitutionality of Mandating Editorial Transparency,” forthcoming in the Hastings Law Journal later this year. As always, I hope you will check it out. Congress, state legislatures, and federal and state enforcement…

Catching Up on Recent FOSTA Developments (None of Them Good)

Catching Up on Recent FOSTA Developments (None of Them Good)

The number #1 question I get whenever I discuss FOSTA with folks who aren’t familiar with it: did Congress know what it was doing? Well, the answer is complicated. Many things have gone wrong with FOSTA, and those outcomes were…

The First Amendment Protects Twitter's Fact-Checking and Account Suspension Decisions--O'Handley v. Padilla

The First Amendment Protects Twitter’s Fact-Checking and Account Suspension Decisions–O’Handley v. Padilla

The plaintiff is Rogan O’Handley, a California lawyer with elite credentials (UChicago Law, practice experience as a corporate finance and entertainment attorney) who nevertheless jumped onto the anti-“elites” Trump train 🙄 and embraced Trump’s Big Lie that the 2020 election…

Section 230 Preempts Claims Against Omegle--M.H. v. Omegle

Section 230 Preempts Claims Against Omegle–M.H. v. Omegle

Omegle enables real-time video and text chats with users assigned at random. The case involves an 11 year old girl who was a first-time Omegle user. The complaint alleges that a malefactor John Doe manipulated her into disrobing so he…

Court Denies Class Certification in Click Fraud Case–Singh v. Google

15 years ago, there was a now-mostly-forgotten battle royale over click fraud in Google AdWords (see links at the post’s bottom). Fun times. Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up…

2021 Emoji Law Year-in-Review

2021 Emoji Law Year-in-Review

A recap of emoji law developments in 2021: Court References I maintain a dataset of US court opinions that reference emojis and emoticons. I have compiled the dataset using keyword alerts in Westlaw and Lexis, supplemented by a few opinions…