Justice Thomas Writes a Misguided Anti-Section 230 Statement "Without the Benefit of Briefing"--Enigma v. Malwarebytes

Justice Thomas Writes a Misguided Anti-Section 230 Statement “Without the Benefit of Briefing”–Enigma v. Malwarebytes

Last year, the Ninth Circuit ruled that a plaintiff could plead around Section 230(c)(2)(B), the safe harbor for providing filtering instructions, by claiming that the filtering was motivated by anticompetitive animus. Last week, the Supreme Court denied certiorari. This isn’t…

Another Tough Ruling for Print-on-Demand Vendors–Sid Avery v. Pixels

Sid Avery photographed celebrities in the 1950s-1970s. At issue are six of his photos, all governed by the 1909 Copyright Act. Pixels[.]com is a print-on-demand vendor. Like Redbubble, it functions primarily as a marketing front-end; it outsources all manufacturing to…

SF Chronicle Op-Ed: "Prop. 24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process"

SF Chronicle Op-Ed: “Prop. 24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process”

[I published this op-ed in the San Francisco Chronicle yesterday] Most voters initially are inclined to support Prop. 24, the California Privacy Rights Act (CPRA). Everyone wants more privacy. But that initial support dissolves after careful scrutiny. Prop. 24 does…

LinkedIn Isn’t a State Actor–Perez v. LinkedIn

Perez had a LinkedIn account with over 7,000 connections (really?). LinkedIn removed some of his posts and restricted access to his profile due to alleged TOU violations. State Action. Perez, proceeding pro se, alleged that LinkedIn “is subject to the…

Facebook Doesn’t Have a Duty to Prevent a Murder–Godwin v. Facebook

In 2017, Steve Stephens murdered Robert Godwin Sr. On the day of the murder, Stephens made the following post to Facebook: FB my life for the pass year has really been fuck up!!! lost everything ever had due to gambling…

Twitter Wins Another Account Suspension Case--Wilson v. Twitter

Twitter Wins Another Account Suspension Case–Wilson v. Twitter

I previously blogged the plaintiff’s virtually identical lawsuit in June. The plaintiff claimed Twitter suspended his account because he’s a heterosexual Christian. The court rejected all of his claims, including his allegations that Twitter was a state actor and Twitter…

hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues (Guest Blog Post)

by guest blogger Kieran McCarthy hiQ Labs v. LinkedIn Corp. is arguably the most important case in the history of web-scraping jurisprudence. In 2019, the Ninth Circuit concluded that “when a computer network generally permits public access to its data,…

512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America

[Remember that our country is facing multiple existential threats. PLEASE VOTE.] This case involves two “heavy metal” bands, “We Are the End” and “Rings of Saturn” (the Spotify bio describes Rings of Saturn as “a progressive, technical deathcore outfit”). I…

Over 50 Privacy Professionals & Experts Oppose Prop. 24

Over 50 Privacy Professionals & Experts Oppose Prop. 24

The length and complexity of Proposition 24, the California Privacy Rights Act (CPRA), makes it challenging for ordinary citizens to evaluate the proposal. Thus, it’s helpful to hear how members of the privacy community feel about it. They are in…

What Does the Legislature Have to Show for Its CCPA Amendments in 2020? Not Much (Guest Blog Post)

What Does the Legislature Have to Show for Its CCPA Amendments in 2020? Not Much (Guest Blog Post)

by guest blogger Tanya Forsheit Professor Goldman asked me to share my two cents on the short extensions of time to the employee and business to business exemptions to the California Consumer Privacy Act (“CCPA”) that Governor Newsom signed on…