Comments on Rep. Gosar's "Stop the Censorship Act," Another "Conservative" Attack on Section 230

Comments on Rep. Gosar’s “Stop the Censorship Act,” Another “Conservative” Attack on Section 230

At this point, many “conservatives” favor government regulation of the editorial practices of Internet companies. As a result, proposals coming from DC “conservatives” that reference “censorship” in their titles almost certainly are designed to embrace, not prevent, censorship. For example,…

Filtering Software Defeats Another Lawsuit--PC Drivers v. Malwarebytes

Filtering Software Defeats Another Lawsuit–PC Drivers v. Malwarebytes

I blogged about this case in September. PC Drivers makes software that claims to help speed up users’ computers. Malwarebytes blocked it as a “potentially unwanted program,” or PUP. Litigation ensued. In the prior ruling, Malwarebytes won big, but then…

Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on February 15, 2007.] __ [Preface: I’ve already…

Section 230 Helps Malware Vendor Avoid Liability for Blocking Decision--PC Drivers v. Malwarebytes

Section 230 Helps Malware Vendor Avoid Liability for Blocking Decision–PC Drivers v. Malwarebytes

We rarely see cases like this any more, so I think it’s worth blogging this April ruling even though it just showed up in Westlaw. PC Drivers makes software designed to speed up users’ computers, an industry niche that’s known…

Section 230(c)(2) Protects Anti-Malware Vendor–Enigma v. Malwarebytes

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In 2009, the 9th Circuit ruled that Section 230(c)(2) protected Kaspersky from liability for blocking Zango’s software as adware. Since that ruling, we have seen relatively few…

German Court Says Ad-Blocking is Liberation, Not Extortion (Guest Blog Post)

[By guest blogger Russell A. Miller, the JB Stombock Professor of Law at Washington & Lee University, where his teaching and research focuses on German law and legal culture. He is the co-founder and Co-Editor-in-Chief of the German Law Journal. He has…

FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising

FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising

For over a decade, I’ve blogged about 1-800 Contacts’ campaign to suppress competitive keyword advertising, including its legislative games (e.g., those times when 1-800 Contacts asked the Utah legislature to ban competitive keyword advertising) and at least 15 lawsuits against…

Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping

It’s been a brutal year for Section 230 jurisprudence, and the hits keep coming. In today’s case, the parties ran into a judge who seemed unshakably determined–for reasons I can’t determine–to deny the motion to dismiss. This produces an outlier…

Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google

Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google

This is a lawsuit alleging that Google and others circumvented cookie-blocking settings of popular browsers. Our blog post on the district court ruling here: “Google Wins Cookie Privacy Lawsuit”. Plaintiffs asserted federal and state claims. The court affirms dismissal of…

Adware Advertiser Sidesteps Liability

Adware Advertiser Sidesteps Liability

This case involves a browser plug-in from IMS, whose affiliates allegedly surreptitiously installed the plug-in on users’ computers. The plug-in allegedly caused pop-up ads to appear when users visited designated websites. Reed Elsevier allegedly advertised via these pop-up ads, triggering…