Read the Published Version of My Paper Against Mandatory Online Age Authentication
The final published version of my paper, “The ‘Segregate-and-Suppress’ Approach to Regulating Child Safety Online,” is now available. Some more context about this publication: We’re on the cusp of major structural changes to the Internet as more websites and apps…
Facebook and Twitter Defeat Account Termination Lawsuit–Castronuova v. Meta
Per Wikipedia, Cara Castronuova is “an American champion boxer, a professional sports announcer, political activist and celebrity fitness trainer.” This topline summary understates her #MAGA bona fides. The Wikipedia entry also notes that she “was one of the organizers of…
Catching Up on the Bogus “Yelp Law” Litigation Campaign–Tao v. Uniqlo
[Personal note: the Free Speech Coalition v. Paxton ruling took a lot of wind out of my blogging sails. First, the opinion is pure Calvinball. It makes me question everything I know about Internet “Law” when courts shamelessly disregard precedent…
Prof. Goldman’s Statement on the Supreme Court’s Demolition of the Internet in Free Speech Coalition v. Paxton
[Note: Greetings from Shanghai, where it’s almost 1 am and the Supreme Court has just demolished the Internet. I’m posting these remarks and then heading to bed, where I will curl up in a fetal position as I question everything…
YouTube Again Defeats FOSTA Lawsuit–In re YouTube Trafficking Litigation
[Note: my blogging hiatus is due to a trip to China. I will return to the US this weekend and presumably resume my regular blogging cadence then.] This is a confusing lawsuit that has been through several names, including “Sarah…
Section 230 (Still) Applies to Contract Breach Claim–NJCCC v. McAleer
This case involves four main players: Newsmatics, which runs the EIN Presswire service, a pay-to-play press release distribution service. Frankly Media, one of Newsmatics’ distribution partners. Hwang, who submitted press releases to Newsmatics claiming that an NJ state court was…
A Takedown of the Take It Down Act
By guest blogger Prof. Jess Miers (with additional comments from Eric) Two things can be true: Non-consensual intimate imagery (NCII) is a serious and gendered harm. And, the ‘Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and…
Amazon Isn’t Liable for Merchant’s Display of Bogus Contact Info–Hillman v. Amazon
Hillman says that an Amazon merchant, Cozy Castle Furniture, mistakenly displayed Hillman’s contact information on its page as if it were the merchant’s contact info. As a result, Hillman says she got hundreds of complaints per day about the furniture…
What is a “Social Media Platform”?–NetChoice v. Uthmeier
This is the post-SCOTUS remand of Moody v. NetChoice. To dispose of various motions, the court must construe the statutory term “social media platform.” Florida’s statutory definition: “Social media platform” means any information service, system, Internet search engine, or access…
ChatGPT Defeats Defamation Lawsuit Over Hallucination–Walters v. OpenAI
Mark Walters “is a nationally prominent radio show host who hosts two nationally syndicated radio programs and identifies himself as ”the loudest voice in America fighting for gun rights.”” Riehl is a journalist. Both Walters and Riehl are associated with…