California AG Abandons Key Parts of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
As you may recall, the Ninth Circuit substantially gutted California’s mandatory editorial transparency law (AB 587). In the aftermath of that ruling, the California AG abandoned its defense of key portions of the law. The settlement says: subdivisions (a)(3), (a)(4)(A),…
California’s Age-Appropriate Design Code (AADC) Is Completely Unconstitutional (Multiple Ways)–NetChoice v. Bonta
I don’t normally start my blog posts with a meme, but this one tells you everything you need to know: * * * This blog post concerns the California Age-Appropriate Design Code (AADC), passed by the California legislature in 2022….
Section 230 Protects Facebook’s Decision to Cut Off Sketchy App’s API Access–Six4Three v. Facebook
Six4Three developed an app called “Pikinis” (a/k/a “Pikini”), which enabled its users to search Facebook for photos of women in bikinis. 🙄 The app drew upon Facebook’s Graph API. Facebook later shut down Six4Three’s API access for what seemed to…
Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)
by guest blogger Riana Pfefferkorn Child sex abuse material, or CSAM, is a longstanding scourge on the Internet. Like the baseball diamond in “Field of Dreams,” if you build a service that allows file transmission or storage, someone will come…
Another Lawsuit Over Online Content Restrictions Fails–Qian v. YouTube
Qian uploaded content to YouTube, which YouTube restricted in various ways. Qian sued YouTube for breaching its TOS. The district court granted summary judgment to YouTube. The Second Circuit affirms. YouTube’s TOS contained a standard reservation of rights to do…
Section 230 Still Applies to Email Forwarding–Motekaitis v. USI
Motekaitis and Kneass worked for USI. There were rumors about the circumstances of their departure. Marsh & McLennan (MMA) was contemplating hiring Motekaitis, but then an email from a USI employee (Kane) about Motekaitis spooked MMA. MMA employees allegedly circulated…
Another Conflict Between Privacy Laws and Age Authentication–Murphy v. Confirm ID
This opinion is a routine ruling over TOS formation and whether disputes must go to arbitration. However, before I dig into that question, I need to note the case’s chilling implications. * * * This case involves the Adult Friend…
Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok
The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the…
Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr
I previously summarized this case: Doe created a Grindr account at age 15 (Doe claimed he was 18). He matched with 4 men. “Doe met each man in person and was sexually assaulted and raped.” Three of the men are…
Facebook Compelled to Comply With Washington Political Ad Transparency Law (Catch-Up Post)–State v. Meta
[This opinion from December got stuck in my blogging queue. I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] Washington’s Fair Campaign Practices Act “requires Meta to maintain certain…