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…

Section 230 Protects Classifying Non-Competitive Software as a Threat--Asurvio v. Malwarebytes

Section 230 Protects Classifying Non-Competitive Software as a Threat–Asurvio v. Malwarebytes

Section 230(c)(2)(B) says that filtering software makers aren’t liable for their classification decisions. This proposition provides the legal foundation for the anti-threat software industry. However, those expectations were disrupted by the Ninth Circuit’s 2019 in Enigma v. Malwarebytes, which held…

Ninth Circuit Doubles Down on Bad Ruling That Undermines Cybersecurity--Enigma v. Malwarebytes

Ninth Circuit Doubles Down on Bad Ruling That Undermines Cybersecurity–Enigma v. Malwarebytes

This case involves rival makers of anti-threat software. The defendant, Malwarebytes, classified its rival’s software as a PUP, or Potentially Unwanted Program. The rival sued. Malwarebytes defended on 47 USC 230(c)(2)(B), which provides a safe harbor for filtering software. Malwarebytes…

Rehearing Briefs in Enigma Software v. Malwarebytes

Rehearing Briefs in Enigma Software v. Malwarebytes

In September, in Enigma v. Malwarebytes, the Ninth Circuit issued a troubling Section 230(c)(2)(B) ruling that allowed plaintiffs’ allegations of anti-competitive animus to override the safe harbor for anti-threat software vendors. It was a 2-1 ruling on a key topic,…

Section 230 Helps Search Engine Defeat "Right to Be Forgotten" Lawsuit--Mosha v. Yandex

Section 230 Helps Search Engine Defeat “Right to Be Forgotten” Lawsuit–Mosha v. Yandex

Looking holistically at the broad arc of Internet Law history, I could make a good case that the EU’s Right to Be Forgotten marked the beginning of the end of the modern Internet. It was the first time that a…

Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous--Enigma v. Malwarebytes

Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous–Enigma v. Malwarebytes

The Ninth Circuit has issued a Section 230(c)(2) opinion that creates significant problems for anti-spyware/spam/virus vendors (I’ll call them “anti-threat vendors”). The ruling will paralyze their decision-making, expose them to greater legal threats, and reduce their ability to protect consumers…

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…