Roundup of the House Commerce Committee Hearing on Section 230

Roundup of the House Commerce Committee Hearing on Section 230

Yesterday, the House Energy & Commerce Committee (the Subcommittee on Communications and Technology and the Subcommittee on Consumer Protection and Commerce) held a hearing called “Fostering a Healthier Internet to Protect Consumers.” The hearing page. This post rounds up some…

The PLAN Act Proposes to Amend Section 230 to "Protect"...Landlords and Hotel Chains?

The PLAN Act Proposes to Amend Section 230 to “Protect”…Landlords and Hotel Chains?

This is my third time in 2019 blogging proposed Section 230 amendments. The other two bills, from Sen. Hawley and Rep. Gosar, propose structural reforms to Section 230–to mandate political neutrality and ban any content moderation not required by law,…

Top Myths About Content Moderation

How Internet companies decide which user-submitted content to keep and which to remove—a process called “content moderation”—is getting lots of attention lately, for good reason. Under-moderation can lead to major social problems, like foreign agents manipulating our elections. Over-moderation can…

New Paper Explains Why Technologists Should Rally Behind Section 230

New Paper Explains Why Technologists Should Rally Behind Section 230

At the request of James Grimmelmann, and with his editorial support, I wrote an essay for the Communications of the ACM called “Internet Immunity and the Freedom to Code.” The abstract: The Internet’s freedom to code is in jeopardy. In…

Section 230 Helps Tumblr Defeat Nonconsensual Pornography Suit--Poole v. Tumblr

Section 230 Helps Tumblr Defeat Nonconsensual Pornography Suit–Poole v. Tumblr

This ruling came out in March, but it just showed up in my Westlaw alerts. I don’t know why it was delayed over 6 months. The opinion is topical and clear, so I thought it’s still worth blogging now. This…

Section 230 Helps Search Engine Defeat "Right to Be Forgotten" Lawsuit--Mosha v. Yandex

Section 230 Helps Search Engine Defeat “Right to Be Forgotten” Lawsuit–Mosha v. Yandex

Looking holistically at the broad arc of Internet Law history, I could make a good case that the EU’s Right to Be Forgotten marked the beginning of the end of the modern Internet. It was the first time that a…

Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous--Enigma v. Malwarebytes

Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous–Enigma v. Malwarebytes

The Ninth Circuit has issued a Section 230(c)(2) opinion that creates significant problems for anti-spyware/spam/virus vendors (I’ll call them “anti-threat vendors”). The ruling will paralyze their decision-making, expose them to greater legal threats, and reduce their ability to protect consumers…

Section 230 Applies to Facebook's Post Removals and Account Suspensions--King v. Facebook

Section 230 Applies to Facebook’s Post Removals and Account Suspensions–King v. Facebook

The court summarizes the facts: King alleges Facebook removed multiple posts by him, and temporarily suspended his Facebook access on several occasions in 2018, for posts that Facebook deemed a violation of its terms of service (“ToS”). The crux of…

Reminder: The Copyright Office Will Be Yanking Eligibility for the DMCA Online Safe Harbor (Again)

Reminder: The Copyright Office Will Be Yanking Eligibility for the DMCA Online Safe Harbor (Again)

In 2016, the Copyright Office rejiggered how it handles DMCA Online Safe Harbor agent designations. Instead of an indefinite designation, a service could only designate an agent for 3 years, after which the designation would automatically expire unless renewed. The…

Section 230 Protects HOA for Publishing Meeting Minutes--Eagle Ridge Townhouse Ass'n v. Snapp

Section 230 Protects HOA for Publishing Meeting Minutes–Eagle Ridge Townhouse Ass’n v. Snapp

The dispute involves Galena Territory, a community governed by a property owner’s association (GTA) with several subdivisions also managed by HOAs. Homeowners in those subdivisions are members of both their subdivision HOA and the GTA. One of the subdivision HOAs…