The EARN IT Act Has Gotten Even More Terrible. So Of Course It's Moving Forward

The EARN IT Act Has Gotten Even More Terrible. So Of Course It’s Moving Forward

I previously blogged the EARN IT Act (S.3398) in February and March. The EARN IT Act is another entry in Congress’ long tradition of election-year initiatives that purport to advance children’s welfare, but actually use children as political props to…

While Our Country Is Engulfed By Urgent Must-Solve Problems, Congress Is Working Hard to Burn Down Section 230

While Our Country Is Engulfed By Urgent Must-Solve Problems, Congress Is Working Hard to Burn Down Section 230

This post will be unusually blunt about my disenchantment with the state of our country, a topic I don’t normally discuss on the blog. Some of you will not like this post. I expect my next post will feel more…

Comments on the Internet Association's Empirical Study of Section 230 Cases

Comments on the Internet Association’s Empirical Study of Section 230 Cases

Elizabeth Banker of the Internet Association has posted “A Review Of Section 230’S Meaning & Application Based On More Than 500 Cases.” This complements Prof. David Ardia’s comprehensive empirical study of Section 230 caselaw from a decade ago. It’s great…

Plaintiff Can't Use Trump's Anti-Section 230 EO to Sue Facebook--Gomez v. Zuckenberg

Plaintiff Can’t Use Trump’s Anti-Section 230 EO to Sue Facebook–Gomez v. Zuckenberg

This pro se/in pro per plaintiff sued Facebook because he couldn’t log into his account or open a new one. The plaintiff claimed Facebook violated Trump’s anti-Section 230 executive order, EO 13295, Preventing Online Censorship, 85 Fed. Reg. 34079 (May…

Section 230 Doesn't Protect Repeating Rumors--La Liberte v. Reid

Section 230 Doesn’t Protect Repeating Rumors–La Liberte v. Reid

La Liberte spoke at a city council meeting. A photo of her speaking went viral because a “social media activist” posted the photo with a caption that she said racist things about a minority teenager in the photo. That turned…

Comments on the “Platform Accountability and Consumer Transparency Act” (the “PACT Act”)

Last month, Sens. Schatz and Thune introduced S. 4066, “Platform Accountability and Consumer Transparency Act” (the “PACT Act”). The bill was pitched as a narrow and modest bipartisan reform of Section 230; and Daphne Keller of Stanford labeled the bill…

Instagram User's Lawsuit Over Terminated Account Gets Revived (But Not For Long)--Teatotaller v. Facebook

Instagram User’s Lawsuit Over Terminated Account Gets Revived (But Not For Long)–Teatotaller v. Facebook

The plaintiff, a “queer hipster oasis” tea/coffee shop in Somersworth, NH, claims Instagram terminated its account without notice. It sued Instagram in small claims court for $9,999 and account restoration. There must be dozens or hundreds of similar lawsuits against…

Local Craigslist Ads Are Part of Interstate Commerce--US v. Luong

Local Craigslist Ads Are Part of Interstate Commerce–US v. Luong

Luong advertised a used car on Craigslist’s San Francisco Bay Area site, in the “Dublin/Pleasanton/Livermore” subsection of the “East Bay” section. This area is sometimes called the Livermore Valley. From Livermore to the closest point in Nevada is about 200…

Q2 2020 Quick Links (Everything)

Copyright * Sony Music Entertainment v. Cox Communications, Inc., 2020 WL 3121306 (E.D. Va. June 2, 2020). Each downloaded song file generally can support its own statutory damage, but “compilations” only get one statutory damages award, and no double-counting of…

Court Can't Compel Twitter to Shut Down Trump's Account

Court Can’t Compel Twitter to Shut Down Trump’s Account

This lawsuit involves the @realdonaldtrump Twitter account. Has any Twitter account ever generated more litigation? The plaintiffs allege that Twitter did not properly enforce its TOS against the account. The plaintiff sought two types of relief: (1) a declaration that…