IAP Defeats Vicarious Copyright Infringement Claim–UMG v. Bright House
…swats that down, saying it’s a safe harbor, not the basis of a cause of action (citing 512(l)–a lightly cited provision–and the DMCA’s Senate Report). The court summarizes its conclusion:…
Comments on the Internet Association’s Empirical Study of Section 230 Cases
…of Section 230 caselaw from a decade ago. It’s great to have a fresh look at the cases. (I’ll discuss the methodology limitations in a bit). The report’s summary (bolded…
Plaintiff Can’t Use Trump’s Anti-Section 230 EO to Sue Facebook–Gomez v. Zuckenburg
…original complaint. In Bloomberg Law, I found 3 case captions under “Zuckenberg.” UPDATE: The supervising judge approved the magistrate report verbatim. Gomez v. Zuckenburg, 2020 WL 7065816 (N.D.N.Y. Dec. 3,…
Comments on the “Platform Accountability and Consumer Transparency Act” (the “PACT Act”)
…University conference on Content Moderation and Removal in 2018. The Santa Clara Principles encourage UGC sites to improve their disclosures through transparency reports (“numbers”) and adopt more due process-like procedures,…
Is It OK to Embed Instagram Photos? ¯\_(ツ)_/¯
…show, but was used by XXL to report on the online activity. The fact that XXL embedded the image was impactful. The subject of the image “was the Post, not…
Q2 2020 Quick Links (Everything)
…ads themselves or to report them. Id. In so doing, Backpage is alleged to have willfully assisted in concealing child prostitution from law enforcement. Had Backpage done nothing, law enforcement…
Want to Learn More About Section 230? A Guide to My Work (UPDATED)
…short essay arguing that we should let go of the fiction that regulation can achieve a perfect outcome. Expert Report on the Value of Consumer Review Websites and 47 USC…
A Review of the “Final” CCPA Regulations from the CA Attorney General
…detailed transparency reports about their privacy operations. The final statement of reasons justified this new obligation by claiming (1) the transparency reports would act as diagnostics to help the DOJ…
Americans Would Probably Love Section 230—If They Understood It (Cross-Post)
…of data to digest and debate. As part of preparing the report, the Knight Foundation asked several grant recipients (which includes me) to provide some commentary about the survey findings….
The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns
…better yet, profit-based calculations. Facebook previously reported annual revenue per US user is about $130, but the global average goes down to $25. The DVC’s catchall provision bears repeating, because…