Comments on Trump's Lawsuits Against YouTube, Facebook, and Twitter

When Trump signed his anti-230 EO in May 2020, I was immediately overwhelmed with media calls all asking the same basic question: this is garbage, right? We now have the final answer to that question. As I and others predicted…

Content Moderation * NYT: Inside Twitter’s Decision to Cut Off Trump * Axios: All the platforms that have banned or restricted Trump so far * NY Times: What Happened When Trump Was Banned on Social Media * NY Times: Mark…

Demonetized YouTuber Loses Lawsuit--Daniels v. Alphabet

Daniels is a YouTuber apparently of the #MAGA persuasion. Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to…

Prof. Christa Laser (Cleveland-Marshall) and I engaged in a point/counterpoint about legal mechanisms to address inauthentic recordings and photos, including AI-assisted forged videos (a/k/a “deepfakes”). She argued for a notice-and-takedown scheme in some circumstances, including those creating fake pornographic images….

Facebook Isn't Liable for a Commercial Sex Relationship Gone Wrong--A.B. v. Facebook

The court summarizes the plaintiff’s contentions (note: “Lund” and “Sex Worker” are the same person): the Complaint alleges Lund “contacted” Plaintiff and provided him with “sexually provocative pictures, offer[ed] sex, description of sex acts, and other sexually provocative statements” to…

* EFF: President Biden Revokes Unconstitutional Executive Order Retaliating Against Online Platforms * U.S. v. $1,546,076.35 In Bank Funds Seized from Republic Bank of Arizona Account 1889, 2020 WL 8172984 (C.D. Cal. Dec. 20, 2020): the Government sufficiently alleges that…

Trademarks and Domain Names * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021):  “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as…

Comments on Arkansas' "Online Marketplace Consumer Inform Act" (SB 470)

It’s hard to keep up with the tsunami of new Internet laws at the state level, and I had some difficulty finding the actual text of this law as passed (I couldn’t see it at the legislative website’s page for…

The Fifth Circuit certified the following question to the Texas Supreme Court: Under Texas products-liability law, is Amazon a “seller” of third-party products sold on Amazon’s website when Amazon does not hold title to the product but controls the process…

Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information--Children's Health Defense v. Facebook

RFK Sr. was beloved and well-regarded. He had the Kennedy magic and benefited from the Camelot fairy tale. His son, on the other hand…well…. Robert F. Kennedy Jr. founded and runs the Children’s Health Defense (CHD). CHD is an “advocate…