Consumers Can't Understand the Online Contracts They "Agree" To. Now What? (Guest Blog Post)

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

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

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…

Another Blocked Facebook User Loses in Court–Dipp-Paz v. Facebook

This ruling doesn’t break any new ground, so I’m blogging it mostly for completeness. The pro se plaintiff sued Facebook for violating his free speech rights by blocking his account. He alleged: It’s not the first time that I get…

1H 2019 Quick Links, Part 5 (Censorship, Defamation)

Censorship * Fortune: The Splinternet Is Growing * NY Times: India Proposes Chinese-Style Internet Censorship * South China Morning Post: No smoking, no tattoos, no bikinis: inside China’s war to ‘clean up’ the internet * NY Times: In China, an…

Comments on the Hikind v. Ocasio-Cortez Lawsuit Over AOC’s Twitter Blocks

The same day as the Second Circuit’s Knight First Amendment v. Trump ruling, Rep. Ocasio-Cortez was sued for blocking accounts on Twitter. See Hikind v. Ocasio-Cortez, 1:19-cv-03956 (E.D.N.Y. complaint filed July 9, 2019). The same-day turnaround on the complaint suggests…

A Recap of the Senate Judiciary Committee Hearing on Amending the California Consumer Privacy Act (Guest Blog Post)

A Recap of the Senate Judiciary Committee Hearing on Amending the California Consumer Privacy Act (Guest Blog Post)

by guest blogger Tanya Forsheit, Frankfurt Kurnit Klein & Selz PC [Eric’s note: it takes super-human dedication to watch a 12+ hour hearing on CCPA amendments. Though I’m willing to do a lot for blog readers, I didn’t have that level…

1H 2019 Quick Links, Part 4 (Section 230, Content Moderation)

Section 230 * Historical archive of Section 230 case materials (with Jeff Kosseff) * Some Congressmembers are developing a letter asking the State Department to delete the Section 230-like immunity from the USMCA. Background. * Cunningham v. Montes, 2019 WL…