D.C. Circuit Issues Sweeping Pro-Section 230 Opinion--Marshall's Locksmith v. Google

The DC Circuit has produced some defense-favorable Section 230 rulings, including Klayman v. Zuckerberg and Bennett v. Google. This opinion may be the most favorable yet. The plaintiffs are self-styled “legitimate” locksmiths who claim that Google gives too much prominence…

Dreamstime sells stock photos. It alleges that Google partnered with its competitors and then maliciously downgraded Dreamstime’s visibility, first in organic search results and then in keyword ads. Google allegedly also kicked Dreamstime’s app out of Google Play. Dreamstime sued…

The Florida Bar has a drama-filled history regarding the regulation of competitive keyword advertising by lawyers. This post explains the background. In 2013, the bar was poised to ban competitive keyword ads, but at the last minute it did a…

In May, the IAPP held a conference in DC called “Content Moderation in 2019.” Though the conference was not officially part of the COMO conference series, it was a logical extension of the series. The IAPP’s event page. My photo…

Section 230 Doesn't End Lawsuit Claiming Facebook Facilitated Sex Trafficking--Doe v. Facebook

As you may recall, Facebook embraced SESTA/FOSTA during the legislative proceedings. First, following advice from its political advisor Definers, Facebook decided SESTA was less important than the myriad of other political initiatives targeting it. As a result, Facebook caused the…

A Huffington Post contributor, Kim, uploaded a post with a photo. The day after Kim posted, HuffPost’s editor, Cohn, reviewed the post for offensive or unlawful content, added content tags, and linked to a related video; but Cohn didn’t modify…

Section 230 Helps Facebook Easily Defeat Claims Over a User's Post--Richard v. Facebook

A former employee, Malepeai, posted negative remarks on Facebook about his past employer and his family. The past employer sued Facebook for defamation, civil conspiracy, outrage, and intentional infliction of emotional distress. This direct assault on Facebook for third party…

A buyer purchased an LED headlamp in Amazon’s marketplace from a third party merchant (“Dream Light”) and gave it as a gift. The batteries allegedly malfunctioned and caused a fire in the gift-receiver’s house. The home insurer paid $313k+ for…

This case involves the tragic death of a 13 year old boy from ingesting an illegal opioid (U-47700) he bought via the dark web. Allegedly, the boy used a Tor browser to find and purchase the drug. Among other defendants,…

I’ve been actively writing about Section 230 recently, so I thought it might help to round them up into a single post: * An Overview of the United States’ Section 230 Internet Immunity (2019). This is the basic primer you’ve always wanted….