Section 230 Doesn’t Apply to Publication of Private Emails–Crowley v. Faison
Faison runs the Sacramento chapter of Black Lives Matter (BLM). She received several racist and offensive emails from an email address purporting to be Karra Crowley. Faison posted the emails to BLM’s Facebook page and identified Karra as the sender….
Section 230 Immunizes TikTok for User-Posted Videos–Day v. TikTok
Day discovered videos on TikTok of her 2-year-old daughter being abused. That’s horrifying, but the opinion doesn’t address the many obvious followup questions, such as: where was the daughter during the abuse? who was abusing the daughter? was that person…
Section 230 Protects Google for Including Telegram In Its App Store–Ginsberg v. Google
The plaintiffs claim that violent extremists, anti-Semites, haters, and other malefactors use Telegram, and thus its availability in the Google Play Store violates Google’s Developer Guidelines. This is yet another remix of the old Noah v. AOL case, where a…
So Many Unanswered Empirical Questions About FOSTA
I read an article, “Sex Trafficking and Technology: A Systematic Review of Recruitment and Exploitation,” by Lindsay B. Gezinski & Kwynn M. Gonzalez-Pons (unfortunately paywalled). They did a comprehensive and systematic review to identify empirical studies that bear on online…
Another Problematic FOSTA Ruling–Doe v. Pornhub
A few observations from reading numerous FOSTA cases: sex trafficking victim cases are horrifying. courts cannot figure out how to interpret FOSTA. due to FOSTA’s ambiguities, judges are turning to judicial activism to favor victims regardless of the law. the…
A Twitter Thread on the EARN IT Act
I did a (rare for me) Twitter thread on this topic, which is so crucial that I’m sharing it here as well: On Thursday, the Senate Judiciary Committee will be marking up the EARN IT Act, which removes Section 230…
Another Anti-Vaxxer Jawboning Lawsuit Fails–ICAN v. YouTube
This is another lawsuit by anti-vaxxers. The “Informed Consent Action Network,” and its founder Del Bigtree, ran afoul of the social media services’ COVID misinformation policies. YouTube and Facebook each repeatedly blocked ICAN’s content items before yanking ICAN’s accounts. ICAN…
2021 Section 230 Year-in-Review
December 2020 ended with Section 230’s existence in jeopardy. Shortly before he insurrected a violent takeover of the U.S. Capitol, lame-duck President Trump demanded Section 230’s repeal. Trump even vetoed raises for our soldiers because Congress didn’t repeal Section 230…
2021 Internet Law Year-in-Review
This is my annual review of the Internet Law highlights of the prior year. I’ve posted a 2021 year-in-review post for emoji law, and I also posted a separate Section 230 year-in-review. NFTs. Much of the NFT activity right now…
Court Quashes 512(h) Subpoena Submitted to YouTube–Watch Tower v. Kevin McFree
A “lapsed” Jehovah’s Witnesses member, using the alias “Kevin McFree,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The IP arm of the Jehovah’s Witnesses (the “Watch Tower”) claimed that one such video, the “Dubtown…