"Shitty Media Men" List Operator Doesn't Qualify for Section 230 (Yet)--Elliott v. Donegan

“Shitty Media Men” List Operator Doesn’t Qualify for Section 230 (Yet)–Elliott v. Donegan

[Note: I will blog the Senate Judiciary Committee’s EARN IT bill in a blog post next week, after I stop crying.] This case involves a Google spreadsheet called “Shitty Media Men,” created by the defendant. The defendant’s goal was to…

Want to Learn More About Section 230? A Guide to My Work

Want to Learn More About Section 230? A Guide to My Work

I’ve written a lot on Section 230 over the years. I thought it might be helpful to provide a narrated and highly selective bibliography: The Basics An Overview of the United States’ Section 230 Internet Immunity. This is the one-stop…

My Interview With Mathew Ingram Regarding Section 230

My Interview With Mathew Ingram Regarding Section 230

[Note: I did this interview with Mathew Ingram in late February–before the recent flood of new anti-Section 230 activity in DC that I still need to blog. I had always planned to share it here, but the issue got backburnered…

Section 230 Protects Twitter from the "Devin Nunes' Cow" Lawsuit--Nunes v. Twitter

Section 230 Protects Twitter from the “Devin Nunes’ Cow” Lawsuit–Nunes v. Twitter

In this well-publicized case, Rep. Devin Nunes sued Liz Mair (@LizMair) and the accounts @devincow (“Devin Nunes’ Cow”), and @DevinNunesMom for various tweets. That lawsuit is dubious. Even less wisely, Nunes also sued Twitter for these third-party tweets. The judge…

Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. SDCCU

Following the Ninth Circuit’s Robles v. Domino’s opinion, we’ve entered a period of relative clarity about when websites constitute “places of public accommodation” for purposes of the Americans With Disabilities Act (ADA). A recent court opinion, over a financial institution’s…

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…

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…