1H 2021 Quick Links, Part 2 (Section 230 and More)
…employees to remove the term “amber alert” from subsequent ads, but he did not instruct them to block the ads themselves or to report them. As another example, the Government…
Comments on Arkansas’ “Online Marketplace Consumer Inform Act” (SB 470)
…for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace and a message encouraging individuals seeking goods for purchase to report suspicious activity to the online marketplace.”…
YouTube Defeats Lawsuit Over Threatening Content–Wells v. YouTube
…prejudice. This was an obvious outcome. Case citation: Wells v. YouTube, LLC, 2021 WL 2652966 (N.D. Tex. May 17, 2021). On June 28, the supervising judge approved the magistrate’s report….
Want to Engage in Anti-Competitive Trademark Bullying? Second Circuit Says: Great, Have a Nice Day!–1-800 Contacts v. FTC
…Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts * ALJ opinion. Blog post: Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions. * Some expert reports and related…
Section 230 Preempts Fair Credit Reporting Act (FCRA) Claims–Henderson v. Source for Public Data
Section 230 and the Fair Credit Reporting Act (FCRA) have always had an implicit conflict. The FCRA is an old-school regulation of electronic databases run by credit reporting agencies, who…
A Roundup of CCPA Court Decisions (I Only Know of 7)
…Act * A Status Report on the California Consumer Privacy Act * 41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act * California Amends the Consumer…
512(f) Preempts Tortious Interference Claim–Copy Me That v. This Old Gal
…Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice of Claimed Infringement Not Actionable–Dudnikov v….
Udemy Qualifies for 512(c) Safe Harbor for User-Uploaded Courses–Kinsley v. Udemy
…identify or protect copyrighted works; in fact, their policies accommodated protective measures to stop infringing activity, and permitted users to see ‘free previews’ of courses and report potentially infringing courses…
The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post)
…the California Consumer Privacy Act * A Status Report on the California Consumer Privacy Act * 41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act *…
Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva
…Other cases (including from the Second, Third, Fourth, and Eighth Circuits) have rejected standing based on increased risk of harm. An Eighth Circuit ruling rejected a GAO report (GAO-07-737) highlighting…