“Material Support for Terrorists” Lawsuit Against YouTube Fails Again–Gonzalez v. Google

This is one of numerous lawsuits against social media providers, seeking to hold them liable for terrorist attacks because they publish third party-provided terrorist-related content. These lawsuits have gone nowhere, including this one. I blogged the dismissal of the Second…

Twitter Gets Powerful Win in “Must-Carry” Lawsuit–Taylor v. Twitter

This is one of several lawsuits brought by disseminators of anti-social content (in this case, white supremacist content) seeking to prevent social media providers from cutting them off. In June, the lower court surprisingly rejected Twitter’s dismissal motion for the…

An Update on the Constitutional Court Challenge to FOSTA--Woodhull Freedom v. US (Guest Blog Post)

An Update on the Constitutional Court Challenge to FOSTA–Woodhull Freedom v. US (Guest Blog Post)

by guest blogger Alex F. Levy Following the initial filings in Woodhull v. Sessions (summarized here), defendants filed a combined opposition to the motion for preliminary injunction and motion to dismiss (Dkt #16) on July 12th, 2018. Plaintiffs then filed…

A Cautionary Tale of Sarcasm in Social Media--Ross v. City of Jackson

A Cautionary Tale of Sarcasm in Social Media–Ross v. City of Jackson

An unspecified Facebook friend of Ross posted a meme that was something like this: Ross favors gun control. He replied with a comment: “Which one do I need to shoot up a kindergarten?” Perhaps feeling satisfied that he had won the…

A First (But Very Incomplete) Crack at Inventorying the California Consumer Privacy Act's Problems

A First (But Very Incomplete) Crack at Inventorying the California Consumer Privacy Act’s Problems

If you haven’t seen it, I summarized the California Consumer Privacy Act in a 3,000 word primer.  If you aren’t familiar with the law, read that first. This post addresses the law’s multitudinous errors and major ambiguities. The list in this…

Businesses Cannot Contractually Ban “Abusive” Consumer Reviews

Businesses Cannot Contractually Ban “Abusive” Consumer Reviews

An article recently posted to SSRN argues that the Consumer Review Fairness Act (CRFA) purportedly lets businesses contractually ban “abusive” reviews. If this is correct, it could affect millions of businesses and hundreds of millions of consumers. However, the article’s…

COMO: Content Moderation at Scale Conference Recap

COMO: Content Moderation at Scale Conference Recap

The COMO: Content Moderation at Scale conference was held in Washington DC in early May. It was a follow-up to the Content Moderation and Removal at Scale conference held at Santa Clara University in early February. See my recap of…

Q2 2018 Quick Links, Part 5 (Potpourri)

My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for closer review or possible posting over the past 18 months…

Indianapolis Police Have Been "Blinded Lately Because They Shut Backpage Down"

Indianapolis Police Have Been “Blinded Lately Because They Shut Backpage Down”

In the policy discussions about FOSTA, the #1 question always was: if the law works as the organizers predict, will it actually help the victims of sex trafficking? There has always been good reason to believe the answer is no;…

Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)

Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)

By guest blogger Jeff Kosseff [Jeff Kosseff is an assistant professor of cybersecurity law at the U.S. Naval Academy. The views in this post are only his, and do not represent the Naval Academy, Department of Navy, or Department of…