Second Circuit Says More About the “Reasonable Internet User” Standard for TOS Formation–Edmundson v. Klarna (Catchup Post)
[I missed this opinion when it first came out in 2023. Blogging for completeness because of the importance of the “reasonable Internet user” standard.] Klarna offers a “buy now, pay later” option to consumers at third-party e-commerce sites. If a…
Comment on France’s Prosecution of Telegram Founder Pavel Durov
I don’t fully understand exactly what’s happening with Telegram and Pavel Durov in France. However, I have observed how many people don’t know the history of governments prosecuting Internet executives for the content or actions of third parties using their…
Ninth Circuit Enjoins Much of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
In 2022, the California legislature went on a censorship bender (which it’s still on). Its 2022 class of online censorship laws included the California Age-Appropriate Design Code (largely declared unconstitutional in NetChoice v. Bonta) and AB 587, an editorial transparency…
Another Texas Online Censorship Law Partially Enjoined–CCIA v. Paxton
This case involves HB 18, one of the multitudinous online censorship laws the Texas Legislature keeps spewing out. This particular one requires “digital service providers” to age-authenticate all users. [This law extends HB 1181, which also requires age-authentication by some…
Bonkers Opinion Repeals Section 230 In the Third Circuit–Anderson v. TikTok
This decision is bonkers. The majority implies that any effort to curate third-party content automatically converts the third-party content into first-party content so that it no longer qualifies for Section 230 immunity. Because every UGC service necessarily curates every content…
AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Amazon
[This opinion from May just showed up in my alerts. I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. I…
When It Comes to Section 230, the Ninth Circuit is a Chaos Agent–Estate of Bride v. YOLO
The Ninth Circuit is interpreting Section 230 again. Time to grab your tissue box. * * * The Jenga-ing of Section 230 continues in the Ninth Circuit. This time, the court blows up the Barnes precedent, which created a promissory…
Glassdoor Denied Section 230 Immunity for Reviews from Non-Employees–Nicholas Air v. Glassdoor
This is a confusing case with the troubling outcome that Glassdoor could be liable for third-party reviews despite Section 230. The case is confusing in part because it involves two companies that seem like they are alter egos of each…
Copyright Lawsuit Over Cameo Videos Fails Due to Fair Use (on a Motion to Dismiss)–Santos v. Kimmel
George Santos is the disgraced former Congressmember and a serial fabulist. After he was expelled from Congress, he set up a Cameo page (please don’t give him any money, even as a joke). To mock him, Jimmy Kimmel ordered some…
Ninth Circuit Strikes Down Key Part of the CA Age-Appropriate Design Code (the Rest is TBD)–NetChoice v. Bonta
The California Age-Appropriate Design Code (AADC) is a “think of the kids” law that nominally purports to protect kids’ privacy. However, as I will explain in my forthcoming Segregate-and-Suppress article, it hurts children and advances censorship…so it’s just bad policy–and…