Large and Diverse Coalition Issues a Statement of Principles to Help Evaluate UGC Liability Reform Proposals

Yesterday, I posted a 2,300 word takedown of Sen. Hawley’s anti-Section 230 bill. That post took me at least 6 hours of drafting time, and 3 weeks of chronological time, to prepare. I separately wrote a deconstruction of the UK…

Comments on Sen. Hawley's "[Ending] Support for Internet Censorship Act"

Comments on Sen. Hawley’s “[Ending] Support for Internet Censorship Act”

Sen. Josh Hawley’s “[Ending] Support for Internet Censorship Act” (S. 1914) would require large(ish) Internet companies to prove to the Federal Trade Commission (FTC) that they publish user content in a politically neutral way–or categorically lose Section 230 immunity. In…

Amazon May Be Liable for Marketplace Items–Oberdorf v. Amazon

In what could be a seismic ruling, the Third Circuit held that Amazon is a legally responsible seller of defective marketplace items, exposing it to potentially enormous liability. This represents the worst loss yet for Amazon over marketplace sales. However,…

1H 2019 Quick Links, Part 1 (Copyright & More)

Copyright * Long v. Dorset, 2019 WL 861424 (N.D. Cal. Feb. 22, 2019). Dorset allegedly locked Long out of his Facebook page. Access was restored in 5 business days. The court says that’s expeditious enough for DMCA notice-and-takedown purposes: Plaintiff’s…

Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers)--Fox v. Amazon

Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers)–Fox v. Amazon

This is one of many lawsuits over defective hoverboards sold by vendors in Amazon’s marketplace. Starting in November 2015, Amazon conducted an investigation into the dangers of hoverboards. On December 11, 2015, Amazon decided the entire category of hoverboards was…

Section 230 Protects Snapchat from Liability for Cyberbullying--Grossman v. Rockaway Township

Section 230 Protects Snapchat from Liability for Cyberbullying–Grossman v. Rockaway Township

This case involves the heartbreaking suicide of 12 year old Mallory Grossman, driven by offline and online peer bullying that included mean Snapchat messages. (Note: the opinion refers to Mallory as “MG,” but poor redactions reveal her name in the…

Latest Linkwrap on FOSTA's Aftermath

Latest Linkwrap on FOSTA’s Aftermath

Some FOSTA-related links that have accumulated over the past few months: Lucy Kahn, “Against FOSTA/SESTA: One Canary’s Cry From Inside the Coal Mine“ Now that FOSTA/SESTA has been voted into law, I’ve literally seen my advertising platforms disappear before my…

Facebook Defeats Alabama Injunction for Lack of Jurisdiction–Facebook v. KGS

This case involves an allegedly “predatory” adoption. As usual with custody disputes, the facts are heartbreaking. The birth mom agreed to place her unborn baby into adoption, but then changed her mind. The adoption court eventually awarded custody to the…

Private Publishers Aren’t State Actors–Manhattan Community Access v. Halleck

[Eric’s note: this post has two parts. First, I recap the opinion and its implications. Then, Heather Whitney revisits as a guest blogger with a different perspective.] Part 1: Eric’s Comments This case involves local cable access, but it has…

Your Periodic Reminder That Facebook Isn’t a State Actor–Williby v. Zuckerberg

This is my fourth blog post on a social media “censorship”/deplatforming ruling in 11 days (see also Fyk v. Facebook, Murphy v. Twitter and Brittain v. Twitter). This litigation tsunami is taking place even though these cases have absolutely no legal merit….