Ninth Circuit Strikes Down Key Part of the CA Age-Appropriate Design Code (the Rest is TBD)–NetChoice v. Bonta
…The DPIA Requirement Facial Challenge The AADC requires many websites to prepare Data Protection Impact Assessment (DPIA) reports “identifying, for each offered online service, product, or feature likely to be…
A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)
by guest blogger Franklin Graves This week, I joined 100 other creators and creator economy professionals in attending the first ever White House Creator Economy Conference. The event, which I…
Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack
This case involves the CancelWatch “blog” on Substack, which says: “We report the activists trying to ruin people’s lives and careers.” In July 2023, it made a post entitled “Oliver…
Google Can Terminate Account Based on CSAM Allegations–Baker v. Google
…to remove and report what might be CSAM and a user’s view that the CSAM characterization was overly cautious. Google’s discretion should prevail in court, but each choice creates legal…
Competitor Isn’t Responsible for Google Knowledge Panel’s Contents–International Star Registry v. RGIFTS
…by other entities that report negative events in Garmon’s life that actually happened.” Regarding the knowledge panels: Garmon alleges that Google’s Knowledge Panel falsely claims he is married, rather than…
TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2
…Sign, LLC, No. 1:18-CV-850-RP, 2019 WL 5258056, at *2 (W.D. Tex. June 26, 2019), report and recommendation adopted, No. 1:18-CV-850-RP, 2019 WL 5243187 (W.D. Tex. July 12, 2019). For infringement…
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
…X platform. X Corp. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. See…
Plaintiffs Make Some Progress in 512(f) Cases
…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 Infringement Not…
Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH
…reports were defamatory. Instead, Twitter sued CCDH for scraping violations in collecting the data for the report. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a…
Court Preliminarily Enjoins Ohio’s Law Requiring Parental Consent for Children’s Social Media Usage–NetChoice v. Yost
…interests. The court also finds void for vagueness, such as the “eyebrow-raising exception for ‘established’ and ‘widely recognized’ media outlets whose ‘primary purpose’ is to ‘report news and current events.’”…