Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook
[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] The principal plaintiff, performer Mikel Knight, was the subject of critical Facebook posts related to two fatal accidents by his tour…
Sen. Portman Says SESTA Doesn’t Affect the Good Samaritan Defense. He’s Wrong
When introducing the Stop Enabling Sex Traffickers Act of 2017 (S. 1693, the Senate’s anti-Section 230 bill), Sen. Portman said (emphasis added): There are some groups who have been critical of this effort to hold backpage accountable and stop this…
Section 230 Helps Yahoo Defeat Lawsuit Over Online Harassment Campaign–Hall v. Yahoo
[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] Thomas Hall is a lawyer and author. He claims he was targeted for email harassment by several individuals. He further claims…
1H 2017 Quick Links, Part 9 (Justice System, Social Media, Miscellaneous)
Justice System * Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A., No. 11-1623 (D.D.C. Mar. 30, 2017): “The Court notes that a growing number of legal scholars are turning to blogs and other online media to publish their work…
1H 2017 Quick Links, Part 8 (Trump, Immigration)
[Note: I very rarely blog about general politics, and I promise that won’t change. However, times are not normal. We have elected a president who lies for sport. takes more hypocritical positions in a week than most of us will…
Section 230 Helps VRBO Defeat Claim Over Fraudulent Listing–Hiam v. Homeaway
[It’s impossible to blog on Section 230 rulings right now without acknowledging that Section 230 is facing its most serious threat to date. I doubt the bills would change the result in this ruling, but the bills would so radically…
1H 2017 Quick Links Part 7 (Fake News, RTBF, Censorship, Extremist Content)
Fake News * NY Times: From Headline to Photograph, a Fake News Masterpiece * Data and Society: Media Manipulation and Disinformation Online * Wired: Inside the Macedonian Fake-News Complex * Mark Verstraete, Derek E. Bambauer, & Jane R. Bambauer, Identifying…
Senate’s “Stop Enabling Sex Traffickers Act of 2017”–and Section 230’s Imminent Evisceration
A new anti-Section 230 bill, the Stop Enabling Sex Traffickers Act of 2017, will be introduced in the Senate imminently, perhaps tomorrow. [UPDATE: It has been introduced as S. 1693]. It is being introduced by six senators (Senators Portman, Blumenthal,…
1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)
Defamation * Gillon v. Bernstein, Civ. No. 2:12-4891 (WJM) (D.N.J. Nov. 3, 2016). No liability for negative Ripoff Report. * Jackson v. Mayweather, 2017 WL 1131869 (Cal. Ct. App. March 27, 2017). CA’s anti-SLAPP law protects the following Facebook/Instagram post: “the real reason me…
Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft
A couple more online contract formation cases to enliven your Saturday: McGhee v. NAB This case involves mobile credit card processing services. The plaintiffs are merchants who think they were overcharged for card readers. The vendor invoked the arbitration clause…