More on the Unconstitutional Retroactivity of ‘Worst of Both Worlds FOSTA’ (Guest Blog Post)

More on the Unconstitutional Retroactivity of ‘Worst of Both Worlds FOSTA’ (Guest Blog Post)

by guest blogger Alex F. Levy [For a discussion of retroactivity concerns under 47 U.S.C. §230(e)(5)(A), see my earlier post.] A law violates the Constitution’s Ex Post Facto clause if it “makes more burdensome the punishment for a crime, after its commission, or…deprives one charged with…

DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk

As part of the DMCA, Congress enacted a cause of action for people who send bogus copyright takedown notices, codified at 17 USC 512(f). It was a good thought executed terribly. The courts have interpreted the law to require subjective bad…

YouTube Isn’t a Company Town (Duh)–Prager University v. Google

Prager University produces videos designed to convert teenagers into conservatives. It has posted over 250 videos to YouTube. YouTube has placed some of those videos into “restricted mode,” which blocks the videos’ availability to YouTube users who voluntarily operate in…

Senate Passes 'Worst of Both Worlds FOSTA' (Linkwrap)

Senate Passes ‘Worst of Both Worlds FOSTA’ (Linkwrap)

Guest-bloggers and I have already blogged SESTA and FOSTA about 2 dozen times (see below), so there’s not much to say specifically about the Senate’s approval of the Worst of Both Worlds FOSTA (without further amendment). I already explained most of the problems…

Why FOSTA’s Restriction on Prostitution Promotion Violates the First Amendment (Guest Blog Post)

Why FOSTA’s Restriction on Prostitution Promotion Violates the First Amendment (Guest Blog Post)

by guest blogger Alex F. Levy 18 U.S.C. §2421A(a) violates the First Amendment. While “[o]ffers to engage in illegal transactions are categorically excluded from First Amendment protection,” this provision prohibits far more than that. U.S. v. Williams, 553 U.S. 285,…

SESTA's Sponsors Still Don't Understand Section 230 (As They Are About to Eviscerate It)

SESTA’s Sponsors Still Don’t Understand Section 230 (As They Are About to Eviscerate It)

The SESTA and FOSTA “debates” have been repeatedly marred by inaccurate claims. As one of countless examples, recall Prof. Leary’s testimony to Congress that FOSTA “leaves Section 230(c), the Good Samaritan immunity section, untouched.” What??? Of course FOSTA amends Section 230(c)–THAT’S THE…

Can the 'Worst of Both Worlds FOSTA' Be Salvaged? Perhaps...and You Can Help (URGENT CALL TO ACTION)

Can the ‘Worst of Both Worlds FOSTA’ Be Salvaged? Perhaps…and You Can Help (URGENT CALL TO ACTION)

As you know, Congress is brewing up bad policy solutions to the terrible crime of sex trafficking. The latest version, what I’ve deemed the Worst of Both Worlds FOSTA, passed the House and will go to the Senate floor for…

Section 230 Doesn’t Prevent City Regulation of Short-Term Rental Services (Again)–HomeAway v. Santa Monica

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In my list of top 10 Internet Law cases of all time, Airbnb v. San Francisco appeared as an honorable mention because it showed how any regulator could regulate…

Top Internet Law Developments of 2017 (Very Late)

Top Internet Law Developments of 2017 (Very Late)

[It’s a sign of my busy 2018 that I’m only now posting my annual Internet Law year-in-review recap. Better late than never?] 2017 was a generally OK year for me personally. My wife’s health has been stable, I was able…

Adpocalypse LawsuitGoBoom–ZombieGoBoom v. YouTube

In 2017, YouTube reconfigured its ad delivery algorithm to screen out videos that it thought advertisers disfavored. The resulting turmoil was popularly called the “Adpocalypse” because it dried up revenues for many YouTube channels. This includes the operator of the Zombiegoboom…