Eric Goldman’s Comments to the California DOJ Draft Regulations for the Consumer Privacy Act (CCPA) (Part 3 of 3)
…11, 2019. These comments represent only my views and not the views of my employer or any third party. The “Average” Consumer Echoing California Civil Code 1798.185(a)(5), the regulations use…
Some Lessons Learned from the California Consumer Privacy Act (CCPA), 18 Months In (Part 2 of 3)
…by the byzantine drafting of both documents, which makes them extremely hard to parse. At 22,000 words, CPREA would double the length of the existing law. It has become a…
Resetting the California Consumer Privacy Act (CCPA)…with 2 Weeks To Go! (Part 1 of 3)
…the hammer. The CCPA (in California Civil Code 1798.185(b)) says that the “Attorney General may adopt additional regulations as necessary to further the purposes of this title.” The DOJ’s initial…
Top Myths About Content Moderation
…Section 230 Is Better Than the First Amendment (2019). * The Complicated Story of FOSTA and Section 230 (2019). * Internet Immunity and the Freedom to Code (2019). * The…
New Paper Explains Why Technologists Should Rally Behind Section 230
At the request of James Grimmelmann, and with his editorial support, I wrote an essay for the Communications of the ACM called “Internet Immunity and the Freedom to Code.” The…
Section 230 Helps Search Engine Defeat “Right to Be Forgotten” Lawsuit–Mosha v. Yandex
…contained information about activities with criminal features (i.e. Articles 158 (robbery) and 159 (swindling) of the Russian Federation Criminal Code) and the time limit for imposing criminal liability for those…
Ninth Circuit Declines to Shelve Lawsuit Alleging Facebook Violated Illinois Biometric Privacy Statute
…the court pointed to dissemination of an incorrect zip code. The court also looks to its own decision on Spokeo (on remand) and asks the same two questions: [w]hether the…
Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous–Enigma v. Malwarebytes
…the same part of the US code as federal trademark law, some courts have held that Section 230 doesn’t apply to Lanham Act false advertising claims. The court correctly reaches…
Announcing the 2019 Edition of My Internet Law Casebook
…Abuse Act, 18 U.S.C. §1030 [http://www.law.cornell.edu/uscode/text/18/1030], and California Penal Code §502 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=502.&lawCode=PEN] Comparison of Trespass to Chattels Doctrines Intel v. Hamidi (Cal. Sup. Ct.) Register.com v. Verio (Trespass to Chattels…
1H 2019 Quick Links, Part 5 (Censorship, Defamation)
…nation. Maryland’s statute appears to overstep these bounds. While I have no cause to block its enforcement wholesale, Plaintiffs have persuaded me that Md. Code Ann., Elec. Law § 13-405,…