Privacy Law Is Devouring Internet Law (and Other Doctrines)…To Everyone’s Detriment
What does “privacy” mean? It’s a simple question that lacks a single answer, even from privacy experts. Without a universally shared definition of privacy, scholars have instead attempted to “define”…
Another Jawboning Case Fails in the Ninth Circuit–Kennedy v. Warren
This case involves a book called “The Truth About COVID-19: Exposing the Great Reset, Lockdowns, Vaccine Passports, and the New Normal,” which includes a foreword from Robert F. Kennedy Jr….
DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites
This case involves Annie Leibovitz photos, represented by licensing and enforcement agency Trunk Archive. Allegedly, users of comicbookmovie.com (CBM) embedded the Leibovitz photos into the site by linking to the…
The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable)
As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. We’re still working through the first wave of litigation testing Congress’ poor handiwork. Last October, in Doe…
Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps
…because the takedown notices were submitted using generic submission forms, not DMCA-specific submission forms. This requires the court to make some painful contortions: although the takedown notices included a “512(f)…
Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)
…July 1, 2025. Enforcement is limited to the MN AG. Since this bill is substantially similar to the California AADC, I recommend reading Eric Goldman’s post for more in-depth coverage….
Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon
This case involves “Amazon Flex” drivers. Allegedly, “Amazon monitored and wiretapped the drivers’ conversations when they communicated during off hours in closed Facebook groups.” Amazon claimed its TOS mandated arbitration….
Microsoft Can Terminate User Account for Allegedly Possessing CSAM. But What If It Made a Mistake?–Deutsch v. Microsoft
The plaintiff (a NY lawyer/financial executive?) allegedly uploaded CSAM to his Microsoft OneDrive folder in violation of Microsoft’s “Code of Conduct.” [Nomenclature note: CSAM is what used to be called…
Twitter Defeats Account Suspension Case–Craft v. Musk
Are sheeple a resource in Settlers of Catan? The opinion summarizes the allegations: Defendants Twitter, Inc. and its CEO, Elon Musk, violated his First Amendment rights by blocking his Twitter…
Prison Warden Says: ‘Lock The Emojis Up.’ Court Replies: ‘Free the Emojis’–Taliani v. Dortch
Prisoners have limited free speech rights. Among other things, their outgoing written communications are typically reviewed before sending. The Hill Correctional Center in Illinois bans prisoners from sending “coded” messages…