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)
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)
[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…
Ripoff Report Is “Lucky” Plaintiff Didn’t Allege Extortion–Albert v. Ragland
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] I’m blogging one of four California Appeals Court opinions issued today in cases involving Lenore Albert, a lawyer. I’m focused on an appeal of several different rulings…
Are Internet Access Providers Liable for Their Subscribers’ Copyright Infringements?–UMG v. Grande
By 2018, you’d think it would be clear when Internet access providers (I HATE the term “ISP”) are liable for user-committed copyright infringements. After all, the 1995 Netcom case discussed Netcom’s functions as an IAP, and the DMCA in 1998 codified…
Congress Probably Will Ruin Section 230 This Week (SESTA/FOSTA Updates)
For the past year, I’ve been covering Congress’ efforts to create a sex trafficking exception to Section 230’s immunity. From the beginning, it was clear that the proponents did not understand Section 230’s powerful but counter-intuitive doctrinal mechanisms, yet their initiative…
Google Gets Easy Section 230 Win in DC Circuit–Bennett v. Google
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled. Also, I have several other Section 230 rulings to blog that I’ll get to eventually.] I previously described the facts of this case: Dawn J. Bennett was…
In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News
Ugh, this decision is bad. How bad is it? It makes me sympathetic to Breitbart, and I didn’t even know that was possible. You may want a box of tissues nearby before reading this. The TL;DR: for over a decade, in-line linking has been treated…