Tubi's TOS Formation Fails--Campos v. Tubi

Tubi’s TOS Formation Fails–Campos v. Tubi

This is a Video Privacy Protection Act (VPPA) case 🙄 against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like…

Another Court Finds an "Enforceable Browsewrap." MAKE IT STOP--Hawkins v. CMG

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in…

Think You Understand Online Trespass to Chattels Law? Think Again--In re Meta Healthcare Pixels

Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels

This is one of the many pending “Pixel” cases. If you don’t recall, a “pixel” is a 1×1-pixel image file that is imperceptible to web visitors. A website adds code to its web page that summons the pixel from a…

2023 Quick Links: Leftovers

Consumer Reviews * Route App, Inc. v. Heuberger, 2023 WL 5334192 (D. Utah Aug. 18, 2023): Heuberger argues that Route’s Breach of Contract claim fails because the non-disparagement provision in the Terms is unenforceable under the Consumer Review Fairness Act (“CRFA”)…

2023 Internet Law Year-in-Review

2023 Internet Law Year-in-Review

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. Then, in Liapes v. Facebook, a California appeals court…

2023 Quick Links: Social Media

Facebook * Meta Platforms, Inc. v. District of Columbia, 2023 WL 5964764 (D.C. Ct. App. Sept. 14, 2023). This is the latest ruling in an investigation by DC Attorney General into Meta’s content moderation practices, especially regarding COVID-19 policies. “The…

Amazon May Be Liable for Merchant's Spycam--M.S. v. Amazon

Amazon May Be Liable for Merchant’s Spycam–M.S. v. Amazon

This case involves an “embedded pinhole camera” “disguised” as a “mountable hook” that a Doe merchant offered in Amazon’s Marketplace. Allegedly, Amazon inspected the item three times: Amazon’s Product Safety Team inspected it to confirm it couldn’t be used to…

Section 230 Applies to Doxxing TikTok Video--Couture v. Noshirvan

Section 230 Applies to Doxxing TikTok Video–Couture v. Noshirvan

The court summarizes the plaintiffs’ allegations: Defendant [Danesh] Noshirvan is a TikTok creator. He makes money through TikTok gifts, tips, and subscription fees. His niche is cancel culture. Noshirvan finds a video of someone messing up. He then edits and…

Comments on the Ruling Declaring California's Age-Appropriate Design Code (AADC) Unconstitutional--NetChoice v. Bonta

Comments on the Ruling Declaring California’s Age-Appropriate Design Code (AADC) Unconstitutional–NetChoice v. Bonta

[Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.] We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code…

Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional

Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional

[I will blog the NetChoice v. Bonta ruling very soon.] Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment. This isn’t a partisan thing; both Democrats and Republicans do…