Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on February 15, 2007.] __ [Preface: I’ve already…

Google Photos Defeats Privacy Lawsuit Over Face Scans--Rivera v. Google

Google Photos Defeats Privacy Lawsuit Over Face Scans–Rivera v. Google

This case provides a glimpse into the legacy of the Supreme Court’s Spokeo decision on the injury-in-fact requirements for Article III standing in federal court. When it was issued, I called Spokeo a “jurisprudential clusterfuck.” Indeed, the subsequent caselaw has been…

512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. Doe

This is my second Strike 3 blog post this week. I imagine this won’t be the last. In this case, a Doe defendant sought to quash the unmasking subpoena submitted to his/her IAP. The defendant argued that the unmasking subpoena was…

Court Blasts “Copyright Troll” for Treating Courts “as an ATM”–Strike 3 v. Doe

Strike 3 produces pornography. The court calls it a “copyright troll.” It has filed nearly 2,000 copyright infringement cases in the past 13 months. With that many cases, it’s bound to run into a skeptical judge, and whoa, did Judge…

Section 230 Doesn’t Support Habeus Petition by ‘Revenge’ Pornographer–Bollaert v. Gore

As you may recall, Kevin Bollaert ran UGotPosted, which published third-party submitted nonconsensual pornography, and ChangeMyReputation.com, which offered depicted individuals a “pay-to-remove” option. Bollaert appeared multiple times in my inventory of nonconsensual pornography enforcement actions. Bollaert’s conduct was disgusting, and…

Video Advertising Contract Descends Into Possible "Cyberattack"--Radian Weapons v. GY6Vids

Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids

This is a lawsuit between Radian Weapons and GY6Vids, a company that Radian hired to promote Radian’s products on YouTube. (GY’s YouTube channel currently has almost seven hundred thousand subscribers. Press coverage of the lawsuit from The Bulletin here.) The…

Ninth Circuit Interprets Autodialer Broadly For TCPA Purposes

Marks signed up for a gym membership with Crunch Fitness. He received three text messages. He sued on behalf of a putative class. The key question is whether the messages were sent using an “automatic telephone dialing system” (ATDS) under…

California’s IoT Security Law is Well-Intentioned, but a Comprehensive Federal Law is Needed (Guest Blog Post)

by guest blogger Jeff Kosseff The views expressed in this post are only those of the author, and do not represent the Naval Academy, Department of Navy, or Department of Defense. The playbook is familiar: the federal government fails to…

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…

The Necessity of Geoblocking in the Age of (Almost) Unavoidable Geolocation (Guest Blog Post)

by guest blogger Marketa Trimble Recent U.S. court decisions suggest that geoblocking might no longer be optional – the use of geoblocking might now be de facto mandatory for any website operator who wants to avoid being subject to the jurisdiction…