DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk
…from Sending DMCA Takedown 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…
Why FOSTA’s Restriction on Prostitution Promotion Violates the First Amendment (Guest Blog Post)
…relies on the unsubstantiated idea that reducing prostitution will reduce trafficking. Indeed, the legislative report defends the regulation by proclaiming, without citation, that “[p]rostitution and sex trafficking are inextricably linked,…
SESTA’s Sponsors Still Don’t Understand Section 230 (As They Are About to Eviscerate It)
…amendment would not help Backpage–at all. The Senate Investigative Committee report highlighted voluminous facts about Backpage’s knowledge, so I can’t see how Backpage’s purported filtering would come up in any…
Ripoff Report Is “Lucky” Plaintiff Didn’t Allege Extortion–Albert v. Ragland
…Yelp won an anti-SLAPP ruling based on Section 230. This ruling affirms Yelp’s $30k fee shift for winning that anti-SLAPP motion to strike. This ruling also affirms Ripoff Report’s anti-SLAPP…
Congress Probably Will Ruin Section 230 This Week (SESTA/FOSTA Updates)
…Facebook have backed the Worst of Both Worlds FOSTA.] The House Judiciary Report on Substitute FOSTA When the House Judiciary Committee reported substitute FOSTA to the full House, it also…
Plaintiff’s Location-Based Privacy Claim Against BART Reporting App Fails
…chance to amend, and it has filed an amended complaint. Eric’s Comments: An app making it easier to report crimes generally sounds like a good idea. Automatic reporting of the…
55 Academics and Advocates Urge NAFTA Trade Negotiators To Add Internet Immunity
…the topic. For now, a couple of supplemental links: * Expert Report on the Value of Consumer Review Websites and 47 USC 230 * The Regulation of Reputational Information *…
What’s New With SESTA/FOSTA (January 17, 2018 edition)
…be fooled by the report language trying to rehabilitate Section 230(c)(2)(A). It’s probably meaningless in practice. – The report gives an example about Section 230(c)(2)(A): “if a website screens advertisements…
Court Rejects Gossip Site’s Fair Use Defense–Barcroft v. Coed Media
…enough to constitute a commentary on the work. For instance, a news report about a video that has gone viral . . . might fairly display a screenshot or clip…
Manager’s Amendment for SESTA Slightly Improves a Still-Terrible Bill
…Manager’s Amendment only preserves Section 230(c)(2)(A). The Senate Commerce Committee report on SESTA might include some additional beneficial language about the value of Good Samaritan protections, but I don’t put…