Wisconsin Appeals Court Blows Open Big Holes in Section 230–Daniel v. Armslist

Congress eviscerated Section 230 via the Worst of Both World FOSTA, but defendants have been doing well with Section 230 defenses over the past year-plus. Then, last week, a Wisconsin appeals court issued a published opinion that massively screws up…

More Aftermath from the 'Worst of Both Worlds FOSTA'

More Aftermath from the ‘Worst of Both Worlds FOSTA’

In my prior post on the Worst of Both Worlds FOSTA, I enumerated three problematic developments that occurred before the bill was signed: * the federal government shut down Backpage without relying on FOSTA’s new provisions. * two different civil…

VRBO’s Anti-Fraud Guarantee Doesn’t Support Claim Over Fraudulent Listing–Hiam v. HomeAway

A vacationer found a listing of interest on VRBO (owned by HomeAway). After back-and-forth negotiations with the lister, he sent $46k for a week’s rental. The property proved to be fictional, so the vacationer got fleeced. VRBO investigated and, oddly,…

2H 2017 & Q1 2018 Quick Links, Part 4: Censorship, Content Moderation

Censorship Spotlight on China * NY Times: China’s Internet Censors Play a Tougher Game of Cat and Mouse * Reuters: China’s Weibo looks to reward citizen censors with iPhones, tablets * NY Times: 68 Things You Cannot Say on China’s…

'Worst of Both Worlds' FOSTA Signed Into Law, Completing Section 230's Evisceration

‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration

This morning, President Trump signed H.R. 1865, the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), into law. The bill signing was anticipated, but that doesn’t make the outcome any less terrible. Today, Washington DC regulators…

2H 2017 & Q1 2018 Quick Links, Part 3: Section 230, Consumer Reviews

Section 230 * Backpage.com, LLC, V. Hawley, 2017 WL 5726868 (E.D. Mo  Nov. 28, 2017): Backpage cites Doe No. 1 for the proposition that, as an interactive computer service provider, its “choices about what content can appear on the website…

DMCA Safe Harbor Applies to Some Unfair Competition Claims--Capitol Records v. Vimeo

DMCA Safe Harbor Applies to Some Unfair Competition Claims–Capitol Records v. Vimeo

You probably remember this case. Copyright owners sued the video hosting site Vimeo for third party uploaded videos that allegedly infringed their copyrights. Given this was the paradigmatic situation the DMCA safe harbor was designed to address, you’d think this…

Fifth Court Rejects ‘Material Support for Terrorism’ Claims Against Social Media Sites–Crosby v. Twitter

[Just a reminder that Section 230’s evisceration will happen upon Pres. Trump’s signature] Victims of the 2016 Pulse Nightclub shooting in Orlando, aided by the indefatigable 1-800-LAWFIRM and Excolo Law, sued social media providers. They alleged that the shooter was inspired…

Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)--Florida Abolitionists v. Backpage

Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)–Florida Abolitionists v. Backpage

During Congress’ SESTA/FOSTA deliberations, opponents repeatedly promised that the Doe v. Backpage litigation in Massachusetts would imminently provide key insights into Section 230’s purported limitations. Indeed, a week after the Senate passed the Worst of Both Worlds FOSTA, the court…

District Court Ruling Highlights Congress' Hastiness To Pass 'Worst of Both Worlds FOSTA'-- Doe 1 v. Backpage

District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. Backpage

Backpage has been the poster child for Section 230’s purported failings. The argument goes (1) Backpage facilitates sex trafficking, (2) Section 230 protects Backpage, so (3) Section 230 is evil. That was the core message of the so-called “documentary” I Am Jane…