Are Social Media Services "State Actors" or "Common Carriers"?

Yesterday, I did a videoconference with Prof. Eugene Volokh (UCLA Law) discussing if and how legislatures could regulate Internet services. Watch the video. Prof. Volokh and I usually agree on most things, but this time we may reach different conclusions….

Comments on the "SAFE TECH" Act

This year’s tsunami of Section 230 “reform” bills includes the “Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act” from Sens. Warner, Hirono, and Klobuchar. This bill proposes over ten different Section 230 reforms, some of which…

How Section 230 Makes My Life Better (A Celebration of Its 25 Year Anniversary)

Section 230 turns 25 today. 🎂🎂🎂🎉🎉🎉 In this post, I’ll reminisce about Section 230’s enactment and celebrate some ways Section 230 makes my life better. [Note: tomorrow I’m on a panel about Section 230 with David Greene (EFF) and Cathy…

TripAdvisor Doesn't Get Early Section 230 Dismissal--Putt v. TripAdvisor

Putt booked a tour through TripAdvisor’s subsidiary, Viator. On the tour, she suffered personal injuries. Putt sued TripAdvisor for negligence, misrepresentation, and more. Section 230. TripAdvisor invoked Section 230. The court says it’s too early to tell if TripAdvisor qualifies…

Natasha DeLima (a/k/a “Natasha Athens”) claims that Google and Twitter have imposed various sanctions on her accounts, including suspension and termination. She alleges that Google and Twitter took these actions due to political bias against her. (This article notes some…

It’s been years since I’ve blogged a lawsuit against Google for selling trademarked keyword ads. About a decade ago, Google was dealing with about a dozen cases. Google won some of them and settled the rest, and everyone moved on….

Continued Access to Service Not Sufficient to Bind User to New Terms of Service--Stover v. Experian

Stover signed up for an Experian subscription for credit monitoring in 2014. She alleged that Experian overstated the relevance of the credit report. She cancelled her subscription in 2014. In 2018, she accessed Experian’s website again, shortly before filing suit….

This is another case challenging an elected official’s blocking of a constituent’s Twitter account on First Amendment grounds. It’s a 2-1 Eighth Circuit ruling that appears to distance itself from the approach of the Second and Fourth Circuits. As Eric…

FOSTA Survives Constitutional Challenge--US v. Martono

This case involves the DOJ’s prosecution of CityXGuide.com, which allegedly tried to pick up the online commercial sex advertising business after Backpage’s shutdown. The DOJ’s initial press release and Techdirt’s coverage of it. A grand jury indicted the site’s principal,…

By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa previously posted a 900 word summary of the CASE Act. This post does a 5,500 word deep dive into the law for those who want the details.] On December 27, 2020,…