* People v. Austin, 2019 IL 123910 (Ill. Sup. Ct. Oct. 18, 2019). Illinois Supreme Court upholds a sui generis anti-NCP law as constitutional:  “the sharing of a private sexual image in a personal and direct communication with an intended…

Facebook Still Can't Dismiss Sex Trafficking Victims' Lawsuit in Texas State Court

Sex trafficking victims sued Facebook and Instagram in Texas state court for their alleged roles in the victimization. The victims’ claims are not FOSTA-based, even though the cases were filed after FOSTA became law. In May 2019, the trial court…

Section 230 Protects Hyperlinks in #MeToo "Whisper Network"--Comyack v. Giannella

This case involves what the defense calls a “whisper network,” described by Wikipedia as “an informal chain of information passed privately between women.” The subject of this whisper network is Comyack, a former bartender in New Jersey. However, the information…

* Campbell v. Facebook, No. 17-16873 (9th Cir. March 3, 2020): “Plaintiffs identified a concrete injury by claiming that Facebook violated ECPA and CIPA when it intercepted, catalogued, and used without consent URLs they had shared in private messages.” *…

* Clarks v. Private Money Goldmine, 2020 WL 949946 (D. Md. Feb. 26, 2020): Plaintiff does contend, however, that Website Defendants are also content providers, and therefore not entitled to immunity in this case, because they published the Listing, provided…

Lime's User Agreement Sends Another Case to Arbitration--Babcock v. Neutron

This is another personal injury lawsuit against Lime for e-scooter rentals. You do know that rent-a-e-scooters are death sticks, right? Lime invoked the arbitration clause in its User Agreement. As usual, the key question is: was the User Agreement properly…

Craigslist Denied Section 230 Immunity for Classified Ads from 2008--ML v. Craigslist

FOSTA always targeted Backpage; but with Backpage gone before FOSTA became law, it seemed inevitable that plaintiffs would eventually figure out how to deploy FOSTA against other targets. Yet, if you’d asked me to name a top 100 list of…

Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users--In re Facebook Internet Tracking

Users sued Facebook in 2012 alleging it improperly tracked users’ browsing while they were logged out of Facebook. Facebook apparently included code in its “like” button on third party websites that would inform Facebook when the user visited the website…

Section 230 Doesn't Protect Advertising "Background Reports" on People--Lukis v. Whitepages

Whitepages compiles and generates “background reports” on people, remixing content from a database of public and private records that allegedly incorporates 2B+ records/month. In response to searches on people’s names, Whitepages provides free previews, such as this one included in…

2H 2019 and Q1 2020 Quick Links, Part 3 (FOSTA/Backpage)

* United States v. Lacey, 2019 WL 5448351 (D. Ariz. Oct. 24, 2019). The Backpage defendants were not able to dismiss the government’s prosecution: “the Government has met its burden of showing the fifty ads in the SI are for…