Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v. Amazon

Minors allege that Amazon’s Alexa service improperly stores or utilizes their voiceprints. The district court denied Amazon’s request to force arbitration of the claims based on the fact that the plaintiffs, who were minors, were not signatories (or had not…

CCPA Data Breach Lawsuit Against Walmart Fails--Gardiner v. Walmart

CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart

This is a data breach lawsuit against Walmart in which plaintiff (on his own behalf and on behalf of a putative class) asserts that his data is being currently sold on the dark web. Plaintiff asserted the typical claims, but…

YouTube (Again) Defeats Lawsuit Over Content Removal--Lewis v. Google

YouTube (Again) Defeats Lawsuit Over Content Removal–Lewis v. Google

Lewis ran a YouTube channel, “Misandry Today.” (Misandry = hatred of men). He claims YouTube removed or demonetized some of his videos. The district court rejected his lawsuit. In a short unpublished memo opinion that basically echoes the district court’s…

Internet Feuds Are Basically Defamation-Free Warzones--Rapaport v. Barstool

Internet Feuds Are Basically Defamation-Free Warzones–Rapaport v. Barstool

[WARNING: this post contains coarser-than-usual content.] This case involves actor Michael Rapaport, who has appeared in many popular TV shows and movies. Apparently he’s edgy in real life, which he demonstrated through a CBS Radio show. Barstool Productions “has cultivated…

There Are Multiple Types of "Clickwrap." They Should All Be Enforceable--Calderon v. Sixt

There Are Multiple Types of “Clickwrap.” They Should All Be Enforceable–Calderon v. Sixt

This case involves rental car contracts. Typically, a rental car company can form a contract at three different times: when making an online reservation, when actually completing the reservation in person (nowadays, usually it’s an electronic signature on a point-of-sale…

U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)

By Guest Blogger Tyler Ochoa [BONUS: Prof. Ochoa will be speaking on this case April 13, 6pm Pacific. Free registration.] On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java…

Section 230 Preempts Contract Breach Claims--Morton v. Twitter

Section 230 Preempts Contract Breach Claims–Morton v. Twitter

This case involves the model Genevieve Morton. She created nude images and sold them at her website. An interloper, SpyIRL, tweeted some of the images. Morton asked Twitter to remove the images and suspend the accounts. Twitter removed the images…

Another Must-Carry Lawsuit Against YouTube Fails--Daniels v Alphabet

Another Must-Carry Lawsuit Against YouTube Fails–Daniels v Alphabet

[I’ll discuss Justice Thomas’ latest bonkers statement later this week] Daniels, a/k/a “Young Pharoah,” posted videos to YouTube, apparently of the #MAGA genre. YouTube removed some videos, allegedly “shadowbanned” him (again, I raise questions whether that’s the appropriate term here),…

Section 230 (Mostly) Protects Zoom from Liability for Zoombombing

Section 230 (Mostly) Protects Zoom from Liability for Zoombombing

This is a privacy class action against Zoom. The opinion has several points of interest for privacy practitioners. I’m going to focus only on the court’s discussion of Zoom’s liability for Zoombombing, the COVID-era problem where malefactors crash a Zoom…

Consent Via "Clickwrap" Defeats Privacy Claims--Javier v. Assurance

Consent Via “Clickwrap” Defeats Privacy Claims–Javier v. Assurance

Javier got a life insurance quote from Assurance. It appears this page contained javascript served from a vendor named ActiveProspect (via a service called “TrustedForm”), which tracks each user on Assurance’s site and records the users’ keystrokes. For Assurance, these…