My New Article Drops a Truth Bomb on Zauderer and Censorial Efforts to Mandate Editorial Transparency
…and report my findings in my new paper, Zauderer and Compelled Editorial Transparency. In the paper, I define the Zauderer test, show how it’s been misinterpreted, and explain why Zauderer…
Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA
…– It’s the Law (for what it’s worth)–Lenz v. Universal * Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can…
The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton
…Adam Candeub “expert” witness report. Motion to strike this report. Preliminary injunction motion. My blog post. NetChoice Declaration CCIA Declaration Declaration from YouTube Declaration from Facebook Declaration from LGBT Technology…
Comments on Adobe’s 2022 Emoji Usage Trends Survey
…depend on what the courts ultimately say.] Adobe published a survey, the “Future of Creativity: 2022 U.S. Emoji Trend Report.” The survey focuses on “frequent emoji users across the United…
My Comments to the CPPA Regarding its Initial CPRA Proposed Regulations
…not seen any evidence that the disclosures are “necessary” to “inform” ANYONE. We’ve had these transparency reports for over a year–is there any field data showing any benefit from the…
11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports
…* Copyright Owner Enjoined 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…
Retweets ≠ Endorsements (As a Matter of Law)–Flynn v. CNN
Some members of Gen. Michael Flynn’s family sued CNN for implying that they are QAnon followers. The case involves: a report aired by CNN on February 3, 2021, which was…
Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)
…without certification doesn’t create any benefits for anyone. If the auditor-censor’s report comes back clean, the platform has satisfied the defense. If the auditor-censor’s report doesn’t come back clean, the…
Quick Links from the Past Year, Part 8 (Editorial Transparency)
…report that says “we might do something about your report, we might not. Who knows, really? That’s what editorial discretion means.” Obviously all of this is worthless to everyone, but…
Probationer Restricted from Using “Gang Symbols” on “Social Media”–In re JT
JT, a minor, was convicted of burglary and more. Based on the probation report, the judge inferred his gang membership. His probation conditions included this restriction: not knowingly post, display…