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…
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)
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)
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,…
Maternity Clothing Trademark Dispute Has Dubious Support–Blanqi v. Bao Bei (Guest Blog Post)
by guest blogger Alexandra J. Roberts This one’s for the ladiesss (all the pregnant ladies, all the pregnant ladies)! Plaintiff Blanqi makes high-end shapewear and maternity products. It has a pending application to register SPORTSUPPORT as a trademark for lingerie…
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…
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…
Design Principles for Consumer Protection Legislation (Guest Blog Post)
by guest blogger Samuel Becher, Victoria University of Wellington, New Zealand [Eric’s note: I’m pleased to share this guest blog post from Prof. Samuel Becher, whose work has been mentioned on this blog before. This post is based on Prof. Becher’s new article, Unintended Consequences and the Design of…
Brief Roundup of Three Keyword Advertising Lawsuit Developments
1) Xymogen, Inc. v. Digitalev, LLC, 2018 WL 659723 (M.D. Fla. Feb. 1, 2018). This appears to be a typical competitive keyword advertising case, with the twist that the plaintiff also alleges counterfeiting. The defendant moved to dismiss. First, the court finds jurisdiction…
What’s New With SESTA/FOSTA (January 17, 2018 edition)
It’s been over a month since I last blogged about SESTA, FOSTA, and Congress’ efforts to address Section 230 and sex trafficking. So it seems like a good time to do an update on recent developments. The holidays were quiet,…