Section 230 Protects Twitter from the "Devin Nunes' Cow" Lawsuit--Nunes v. Twitter

In this well-publicized case, Rep. Devin Nunes sued Liz Mair (@LizMair) and the accounts @devincow (“Devin Nunes’ Cow”), and @DevinNunesMom for various tweets. That lawsuit is dubious. Even less wisely, Nunes also sued Twitter for these third-party tweets. The judge…

Another Court Rejects Turo's Eligibility for Section 230--Turo v. Los Angeles

As I previously blogged: Turo is a peer-to-peer marketplace for car rentals. “Colloquially put, Turo is the ‘Airbnb’ of private motor vehicles.” Though Turo doesn’t dictate where the buyer and seller exchange the car, Turo facilitates matches at airports, either…

Following the Ninth Circuit’s Robles v. Domino’s opinion, we’ve entered a period of relative clarity about when websites constitute “places of public accommodation” for purposes of the Americans With Disabilities Act (ADA). A recent court opinion, over a financial institution’s…

President Trump Loves Section 230 for Himself, Just Not for Anyone Else (Guest Blog Post)

by guest blogger Jess Miers [Eric’s introduction: this is the second of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from last…

"There's Always a Tweet" Applies to Trump's Anti-Social Media Rhetoric (Guest Blog Post)

by guest blogger Jess Miers [Eric’s introduction: this is the first of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from…

Americans Would Probably Love Section 230—If They Understood It (Cross-Post)

[Eric’s intro: before the Trump anti-Section 230 EO, the Knight Foundation and Gallup pollsters surveyed consumers on various online topics, including Section 230. I encourage you to check it out–lots of data to digest and debate. As part of preparing…

A Pre-History of the Trust & Safety Professional Association (TSPA)

I am part of a team that announced today the launch of two organizations, the Trust & Safety Professional Association (TSPA) and the Trust & Safety Foundation Project (TSF). TSPA will support the global community of professionals who develop and…

The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

by guest blogger Lourdes M. Turrecha, Privacy Tech & Law Fellow at Santa Clara Law [Eric’s Note: I am working on a mondo blog post about the AG’s final CCPA regulations. In the interim, I’m sharing this post from Lourdes…

Cybersecurity Experts Support Supreme Court Review of Enigma v. Malwarebytes Ruling on Section 230(c)(2)(B)

On Friday, 14 cybersecurity experts filed an amicus brief with the U.S. Supreme Court, supporting Malwarebytes’ certiorari petition to review the Ninth Circuit’s 2019 Enigma v. Malwarebytes ruling regarding 47 U.S.C. 230(c)(2)(B)’s application to spyware classification decisions. The Juelsgaard Intellectual…

Per Section 230, Facebook Can Tell This Plaintiff To Piss Off--Fyk v. Facebook

Fyk posted pissing photos and videos to Facebook. Apparently he made some good money from it. Facebook blocked his content. With the (likely expensive) help of four lawyers, he sued Facebook in a lawsuit celebrated on Fox News. (Yes, Fox…