This case involves Cognizant, a business process outsourcer (BPO) that performed content moderation work for Facebook. (Cognizant has since exited the field). In 2021, a federal court dismissed a putative class action lawsuit against Cognizant for trauma experienced by the…

Anti-Cyberstalking Statute Must Be Read Narrowly to Keep It Constitutional--U.S. v. Yung

I’m blogging this in part because of the shocking facts. Ho Ka Terence Yung really wanted to attend Georgetown Law. He did an alumni interview that went poorly and was rejected soon after. (Yung ended up attending UT Austin). Blaming…

Quantifying the Media's Section 230 Misreporting in 2020

2020 was filled with terrible memories, including the COVID pandemic/shutdown and Trump’s coup attempt, so it’s easy to forget how close we came to losing Section 230. In May 2020, Trump issued his performative executive order purporting to repeal Section…

Facebook Moderator Defeats Defamation Lawsuit Over Termination Explanation--Margolies v. Rudolph

This is a case in the #MeToo genre. Rudolph runs a “private” Facebook group called The Green Lounge with about 14,000 members. Margolies was a member and made in-group connections with substantial commercial value to him. On June 3, 2020,…

Initial Interest Confusion It’s 2022 and we’re still dealing with this shit. SMH. Can we please just outright kill the doctrine and spend our time on more meaningful problems? * “the initial interest confusion doctrine…requires a finding of likelihood of…

* Hebenstreit v. Merchants Bank of Indiana, 1:18-cv-00056-JPH-DLP (S.D. Ind. Aug. 26, 2021). A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in…

"Private" Facebook Groups Aren't Legally "Private"--Davis v. HDR

The plaintiff, Davis, is a member of two Facebook groups: “Ahwatukee411,” with over 32k members as alleged in the complaint (as the screenshot on the right shows, it’s now over 34k members), and “Protecting Arizona’s Resources & Children” (“PARC”), with…

Can Facebook Stop Data Snarfers?--Meta v. BrandTotal

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Academic researchers can also fit this paradigm. Many of these businesses legitimately fill…

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

[My approach to quick links is obviously not working very well. C’est la vie.] CCPA [Since I’ve got some CCPA links, it’s an excuse to resurrect the dumpster fire meme. Remember, the CPRA meme is the rolling van on fire.]…

The Copyright Claims Board Is Opening Next Week. Are You Excited?

The Copyright Office has completed its initial rulemaking for the new copyright “small claims” court called the “Copyright Claims Board” (the CCB). It has also launched a website with explanatory material. This post will round up what we know about…