Why I Emphatically Oppose Online Age Verification Mandates
I’ve posted a new paper, “The “Segregate-and-Suppress” Approach to Regulating Child Safety Online.” If that phrase sounds familiar, it’s because I’ve been referencing this paper on the blog for months. The paper details my extensive and multi-dimensional criticisms of mandatory…
Courts’ Expectations for TOS Formation Keep Going Up—Lee v. Plex
This is a VPPA claim against Plex (a video streaming service) regarding the use of Meta Pixels. 🙄🙄 The defendant invoked the arbitration clause in its TOS. Extensively citing Chabolla, the court rejects the arbitration request. Here is Plex’s sign-up…
Are You Ready for MAGA to Weaponize Anti-Doxxing Statutes?–Watts v. Daily Kos
Wikipedia describes Anthony Watts as “a climate change denial blogger” who “opposes the scientific consensus on climate change.” The Daily Kos published an article about Watts, “Heartland Fundraising For Tony Watts’ $2,000 Thermometers To Compete With Global Temp Network,” that…
California’s Age-Appropriate Design Code (AADC) Is Completely Unconstitutional (Multiple Ways)–NetChoice v. Bonta
I don’t normally start my blog posts with a meme, but this one tells you everything you need to know: * * * This blog post concerns the California Age-Appropriate Design Code (AADC), passed by the California legislature in 2022….
Fourth Circuit Upholds TOS Formation Despite a Bad Call-to-Action, But Strikes Down Unilateral Amendment Clauses
Two noteworthy rulings this week from the Fourth Circuit regarding TOS formation issues. Dhruva v. CuriosityStream, Inc., No. 24-1080 (4th Cir. March 10, 2025) Curiosity Stream is a paywalled site for documentary videos. The plaintiffs brought a Meta pixels case…
Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)
by guest blogger Riana Pfefferkorn Child sex abuse material, or CSAM, is a longstanding scourge on the Internet. Like the baseball diamond in “Field of Dreams,” if you build a service that allows file transmission or storage, someone will come…
Another Conflict Between Privacy Laws and Age Authentication–Murphy v. Confirm ID
This opinion is a routine ruling over TOS formation and whether disputes must go to arbitration. However, before I dig into that question, I need to note the case’s chilling implications. * * * This case involves the Adult Friend…
Supreme Court Upholds TikTok Ban, and Domestic and Foreign Censors Rejoice–TikTok v. Garland
In 2024, Congress enacted, and President Biden signed, the Protecting Americans from Foreign Adversary Controlled Applications Act, which bans “foreign adversary” ownership of certain types of Internet services. The bill specifically bans Bytedance/TikTok by name. TikTok and its users challenged…
California’s “Protecting Our Kids from Social Media Addiction Act” Is Partially Unconstitutional…But Other Parts Are Green-Lighted–NetChoice v. Bonta
California SB 976, “Protecting Our Kids from Social Media Addiction Act,” is one of the multitudinous laws that pretextually claim to protect kids online. Like many such laws nowadays, it’s a gish-gallop compendium of online censorship ideas: Age authentication! Parental…
Court Declares Parts of Twitter’s TOS Unconscionable–Gerber v. Twitter
This is a data breach case involving a flaw in Twitter’s API that allowed malefactors to steal information about 200M Twitter users. Twitter invokes its TOS, including its warranty disclaimer and limitation of liability, against the plaintiffs’ claims for breach…