President Trump Loves Section 230 for Himself, Just Not for Anyone Else (Guest Blog Post)

President Trump Loves Section 230 for Himself, Just Not for Anyone Else (Guest Blog Post)

by guest blogger Jess Miers [Eric’s introduction: this is the second of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from last…

"There's Always a Tweet" Applies to Trump's Anti-Social Media Rhetoric (Guest Blog Post)

“There’s Always a Tweet” Applies to Trump’s Anti-Social Media Rhetoric (Guest Blog Post)

by guest blogger Jess Miers [Eric’s introduction: this is the first of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from…

Americans Would Probably Love Section 230—If They Understood It (Cross-Post)

Americans Would Probably Love Section 230—If They Understood It (Cross-Post)

[Eric’s intro: before the Trump anti-Section 230 EO, the Knight Foundation and Gallup pollsters surveyed consumers on various online topics, including Section 230. I encourage you to check it out–lots of data to digest and debate. As part of preparing…

A Pre-History of the Trust & Safety Professional Association (TSPA)

A Pre-History of the Trust & Safety Professional Association (TSPA)

I am part of a team that announced today the launch of two organizations, the Trust & Safety Professional Association (TSPA) and the Trust & Safety Foundation Project (TSF). TSPA will support the global community of professionals who develop and…

The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

by guest blogger Lourdes M. Turrecha, Privacy Tech & Law Fellow at Santa Clara Law [Eric’s Note: I am working on a mondo blog post about the AG’s final CCPA regulations. In the interim, I’m sharing this post from Lourdes…

Cybersecurity Experts Support Supreme Court Review of Enigma v. Malwarebytes Ruling on Section 230(c)(2)(B)

Cybersecurity Experts Support Supreme Court Review of Enigma v. Malwarebytes Ruling on Section 230(c)(2)(B)

On Friday, 14 cybersecurity experts filed an amicus brief with the U.S. Supreme Court, supporting Malwarebytes’ certiorari petition to review the Ninth Circuit’s 2019 Enigma v. Malwarebytes ruling regarding 47 U.S.C. 230(c)(2)(B)’s application to spyware classification decisions. The Juelsgaard Intellectual…

Per Section 230, Facebook Can Tell This Plaintiff To Piss Off--Fyk v. Facebook

Per Section 230, Facebook Can Tell This Plaintiff To Piss Off–Fyk v. Facebook

Fyk posted pissing photos and videos to Facebook. Apparently he made some good money from it. Facebook blocked his content. With the (likely expensive) help of four lawyers, he sued Facebook in a lawsuit celebrated on Fox News. (Yes, Fox…

Fortnite Defeats Another Lawsuit Over Emote Dance Moves--Brantley v. Epic Games

Fortnite Defeats Another Lawsuit Over Emote Dance Moves–Brantley v. Epic Games

This case involves the “Running Man” dance, a 2016 fad. (Note: the dance is not the same as the old-skool Running Man dance move, a 1980s classic that I’ve attempted on occasion). A viral video of people doing a “Running…

Brokerage Account Formation Process Upheld--Valelly v. Merrill Lynch

Brokerage Account Formation Process Upheld–Valelly v. Merrill Lynch

The plaintiffs contend that their Merrill Lynch brokerage money was swept into unduly low-earning accounts. Among other things, they alleged breach of a quasi-contract, a claim that cannot work if there was an express contract. So, at issue in this…

What is a “True Threat” Online?–In re. R.D.

This case involves a Twitter war of words between high schoolers shortly after a local school shooting. Some tweets may have been quoted song lyrics, others were typical nonsense teen bluster, and some may have been legally prosecutable threats. The…