Advertisers Settle NY Anti-Adware Action
By Eric Goldman Earlier this week, the New York Attorney General’s (NYAG) office issued a press release with the blazing all caps headline: GROUNDBREAKING SETTLEMENTS HOLD ONLINE ADVERTISERS RESPONSIBLE FOR DISPLAYING ADS THROUGH DECEPTIVELY INSTALLED “ADWARE” PROGRAMS Groundbreaking…or groundless? After…
Anti-Spammer Wins 230 Defense–Pallorium v. Jared
By Eric Goldman Pallorium v. Jared, G036124 (Cal. Ct. App. Jan. 11, 2007) This case is another 230 defense win (using the rarely used 230(c)(2) provision) protecting anti-spammers for their efforts to combat spam. Jared published a list of IP…
Delfino v. Agilent Cert Petition
Delfino v. Agilent, No. H028993 (petition for certiorari to California Supreme Court filed January 17, 2007) I previously blogged about Delfino v. Agilent, which held that 47 USC 230 insulated Agilent from liability for an employee’s use of its network…
Barrett v. Rosenthal Battle Spills Over to Wikipedia
By Eric Goldman The Barrett v. Rosenthal lawsuit may have been decided decisively in Rosenthal’s favor, but that doesn’t mean the litigants are done shooting at each other. On the contrary, Polevoy and Rosenthal are still going at it, this…
Court Reiterates 230 Dismissal–Doe v. Bates
By Eric Goldman Doe v. Bates, 2006 WL 3813758 (E.D. Tex. Dec. 27, 2006) I previously blogged about Doe v. Bates, which involved a plaintiff trying to hold Yahoo liable for child pornography disseminated by members of one of its…
Employer Not Liable for Employee’s Threatening Emails Per 47 USC 230–Delfino v. Agilent
By Eric Goldman Delfino v. Agilent Technologies, Inc., 2006 WL 3635399 (Cal. App. Ct. Dec. 14, 2006) Prior to this case, my working theory was that 47 USC 230 would not insulate employers from liability for employee actions because companies…
Top Cyberlaw Developments of 2006
By Eric Goldman and John Ottaviani [Eric’s Note: I will be in Israel for the rest of the year. So while it’s a little premature to publish an end-of-the-year recap, this may be my last post for the year. John…
Unlawful Internet Gambling Enforcement Act of 2006
By Eric Goldman No one is better at coughing up legislative hairballs than Congress. The Unlawful Internet Gambling Enforcement Act of 2006 (grafted to the end of the SAFE Port Act) was passed over 2 months ago, but my repeated…
Barrett v. Rosenthal–California Issues Terrific Defense-Favorable Interpretation of 47 USC 230
By Eric Goldman Barrett v. Rosenthal, S122953 (Cal. Supreme Ct. Nov. 20, 2006) The California Supreme Court issued a tremendous defense-favorable opinion today interpreting 47 USC 230. This opinion makes two principal points. First, it defines the word “user” in…
Craigslist Wins 230 Defense in Fair Housing Case–Chicago Lawyers’ Committee for Civil Rights under the Law v. Craigslist
By Eric Goldman Chicago Lawyers’ Committee for Civil Rights under the Law, Inc. v. Craigslist, Inc., 1:06-CV-00657 (N.D. Ill. Nov. 14, 2006) A group of lawyers sued Craigslist for displaying user-submitted classified ads that putatively violated the federal Fair Housing…