Google Successfully Amends Its AdWords TOS to Add Arbitration Clause–Trudeau v. Google

Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time…

California Amends the Consumer Privacy Act (CCPA); Fixes About 0.01% of its Problems

California Amends the Consumer Privacy Act (CCPA); Fixes About 0.01% of its Problems

Recently, Gov. Brown signed SB 1121, the first of possibly several amendments designed to fix and rehabilitate the California Consumer Privacy Act (CCPA). Here is the complete statute as revised. I prepared a redline showing the amendments. The amendments make…

Another Social Media “Material Support to Terrorists” Lawsuit Fails–Cain v. Twitter

This is one of the many cases against social media platforms alleging that they provided “material support” to terrorists. As a group, these lawsuits have gone nowhere, and this one doesn’t either. ATA Direct Liability. As with other cases, the…

Twitter Isn't Liable for Impersonation Account--Dehen v. Doe

Twitter Isn’t Liable for Impersonation Account–Dehen v. Doe

Tiffany Dehen is a 2016 alumna of University of San Diego’s law school. Her website declares that she is “a true American and Patriotic Trump Supporter,” and her photo album includes a photo of her smiling with Dinesh D’Souza. She claims…

Roca Labs' Anti-Review Clause Violates FTC Act--FTC v. Roca Labs

Roca Labs’ Anti-Review Clause Violates FTC Act–FTC v. Roca Labs

Good news: a court ruled that Roca Labs anti-review clause violates the law. It’s shocking that Roca Labs chose to defend this practice in court, so it’s not surprising that the judge didn’t endorse it. Bad news: the court relied…

Announcing the 2018 Edition of My Internet Law Casebook

Announcing the 2018 Edition of My Internet Law Casebook

I’m pleased to announce this year’s edition of my Internet Law casebook, Internet Law: Cases & Materials. It’s available for sale as a PDF at Gumroad for $10, as a Kindle book for $9.99, in hard copy at Amazon for…

Advertiser's Suit Against Google Loses for Third (and Final) Time--Abid v. Google

Advertiser’s Suit Against Google Loses for Third (and Final) Time–Abid v. Google

I previously described this case: “Abid markets cancer-curing honey. He bought AdWords to promote his MightyHoney website. Google rejected the ads.” The court has dismissed this pro se lawsuit twice already, each time without prejudice. Prior blog posts from April…

Businesses Cannot Contractually Ban “Abusive” Consumer Reviews

Businesses Cannot Contractually Ban “Abusive” Consumer Reviews

An article recently posted to SSRN argues that the Consumer Review Fairness Act (CRFA) purportedly lets businesses contractually ban “abusive” reviews. If this is correct, it could affect millions of businesses and hundreds of millions of consumers. However, the article’s…

Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)

Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)

By guest blogger Jeff Kosseff [Jeff Kosseff is an assistant professor of cybersecurity law at the U.S. Naval Academy. The views in this post are only his, and do not represent the Naval Academy, Department of Navy, or Department of…

Amazon Again Avoids Liability for Defective Marketplace Item--Fox v. Amazon

Amazon Again Avoids Liability for Defective Marketplace Item–Fox v. Amazon

This is a product liability lawsuit against Amazon due to a hoverboard purchased via Amazon that caught on fire. Plaintiffs bought the hoverboard from the Amazon site in November 2015 as a Christmas gift for their son. The son used…