Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift–Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]
*** CRITICAL UPDATE*** Ugh, I’m embarrassed to admit that I made a serious error in reading the opinion. I cannot edit the post to correct the error. The mistake infects the entire post and the main point. I’m leaving up…
Some Much-Needed Pushback on the Anti-Section 230 Craziness (Linkwrap)
The criticisms of Section 230 are a sign we’re living in Crazytown. The lies and misdirection about Section 230–coming both from cranks/trolls as well as our government leaders (please, no jokes about how those are the same thing)–are out of…
Correcting the Record on Section 230’s Legislative History (Guest Blog Post)
by guest blogger Jeff Kosseff, author of The Twenty-Six Words That Created the Internet [Eric’s introduction: yesterday, I blogged the Second Circuit’s decision in Force v. Facebook. In dissent, Judge Katzmann wrote a lengthy examination of Section 230’s legislative history….
Second Circuit Issues Powerful Section 230 Win to Facebook in “Material Support for Terrorists” Case–Force v. Facebook
In a 101 page set of opinions, the Second Circuit ruled emphatically for Facebook in one of the multitudinous lawsuits alleging that it provided material support to terrorists (in this case, Hamas). The majority relied exclusively on Section 230, in…
Announcing the 2019 Edition of My Internet Law Casebook
I’m pleased to announce this year’s edition of my Internet Law casebook, Internet Law: Cases & Materials. It’s available as a PDF at Gumroad for $10, as a Kindle book for $9.99, and in hard copy at Amazon for $22 + shipping….
Consumers Can’t Understand the Online Contracts They “Agree” To. Now What? (Guest Blog Post)
by guest blogger Prof. Samuel I. Becher, Victoria University of Wellington [Eric’s introduction: I’ve repeatedly mentioned the “crisis of online contracts.” We routinely embrace the fiction of online contract formation despite the fact that we know people don’t read the contracts, they wouldn’t…
Facebook Defeats Pro Se Consumer Privacy Suit–Hassan v. Facebook
This is a pro se privacy lawsuit by 4 longtime Facebook users (from 2007-09). It covers a lot of the same topics as the dozens of pending privacy class action lawsuits against Facebook. Not surprisingly, as a pro se suit,…
Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items–State Farm v. Amazon
This is another case seeking to hold Amazon liable for defective items sold by its marketplace vendors (in this case, a bathtub faucet adapter that led to a household flood). Amazon had a remarkable string of wins in cases like…
Russia Fucked With American Democracy, But It Can’t Fuck With Section 230–Federal Agency of News v. Facebook
The plaintiff FAN allegedly is part of a Russian government agency, Internet Research Agency, that undermined the integrity of our 2016 presidential elections. In other words, FAN apparently was a Russian troll operation. As part of its post-2016 election cleanup,…
1H 2019 Quick Links, Part 6 (Privacy, E-Commerce, & More)
Privacy * Gullen v. Facebook, Inc., 2019 WL 2486566 (9th Cir. June 14, 2019): No reasonable jury could conclude that Facebook subjected the photo uploaded to the Glenview Patch organizational Facebook page (which is the only photo at issue in this appeal) to…