A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess….
[Note: tomorrow we’ll get the Supreme Court decisions in NetChoice v. Florida and Texas. I’ll be blogging those decisions as fast as I can, so check back here to see if the Internet survived its latest visit to the Supreme…
By Lisa Ramsey, Professor of Law, University of San Diego School of Law The Supreme Court held in Elster that Section 2(c) is consistent with the First Amendment, but the Justices disagree on how to evaluate the constitutionality of trademark…
In a well-functioning society, governments and the private sector will engage in an ongoing dialogue about public welfare issues. Much of this conversation is healthy and productive, as both the government and the private sector have different expertise and different…
This is a VPPA case 🙄. Coursera invoked the arbitration clause in its TOS. It gets the arbitration it wanted, but via a messy opinion that does not represent a clean approval of its TOS management practices. Check out how…
You probably know this case well, but I’ll recap it anyway. Malwarebytes makes anti-threat software. Enigma makes competitive offerings. Malwarebytes classified Enigma’s SpyHunter4 and RegHunter2 programs as malicious, a threat, and a potentially unwanted program (PUP). This screenshot shows Malwarebytes’…
“Scruff is a web application that provides a matchmaking platform for men.” I believe competes (at least in part) with Grindr. The plaintiff (the victim’s parent, proceeding pro se) alleges that Scruff app users exchanged CSAM and discussed plans to…
This case involves the following photo posted to the “@brave_johnson” Instagram account, which self-describes as the account of a 7-year old and lists 2 URLs for talent agencies: [Note: normally I would think carefully about posting photos of children, but…
Andrew Forrest is an Australian billionaire. “Beginning in 2019, Dr. Forrest learned that ads using his name and likeness to endorse cryptocurrency and other fraudulent investment products were appearing on Facebook.” Forrest contacted Facebook multiple times over the years asking…
It’s unexpectedly turned into “BIPA Week” here at the Technology & Marketing Law Blog. 🥳 Yesterday, I blogged about an unsuccessful BIPA challenge to PhotoDNA. Today, I’m blogging about an unsuccessful BIPA challenge to Facebook’s friend-tagging feature. Despite the festivities,…