Claiming there is “a dangerous movement by social media companies to silence conservative viewpoints and ideas,” Texas Governor Jim Abbott (R) signed H.B. 20 (An Act relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages). The Act is strictly an act of…
I recently participated in Jubilee Media’s Middle Ground segment entitled “Who is Censored More? Liberals vs Conservatives.” It was a fun experience and the debate was interesting, as we talked about content moderation, combating abuse, hate and disinformation online over 90-minutes. The thirty-minute segment was posted on Sunday and, unfortunately, much of what I had…
This week has witnessed increased political attacks against Section 230 of the Communications Decency Act of 1996 (CDA 230) by the Trump Justice Department and federal legislation seeking to “reform it” and the creation of a new association to assist professionals dealing with the many issues involved in content moderation under CDA 230. CDA 230…
Throughout the Trump presidency, there have been calls for Twitter to act on the President’s tweets that were in apparent violation of its terms of service such as past tweets threatening nuclear war against North Korea and a photoshopped video showing him beating up CNN. Tweets by Trump and other world leaders led Twitter to…
Generally, under product liability law, the seller, distributor or manufacturer of a defective product can be liable strictly liable for an injury from a defective product. In Oberdorf v Amazon.com, Inc., the Third Circuit has extended this principle to online marketplaces in a landmark ruling. The Plaintiff in Oberdorft was rendered permanently blind in one eye…
This week the 9th Circuit unanimously upheld the city of Santa Monica’s Home Sharing Ordinance against a legal challenge from Airbnb and HomeAway. HomeAway.com, Inc. v. City of Santa Monica, No. 18-55367 (9th Cir. Mar. 13, 2019). For those unfamiliar with Santa Monica, California, as explained succinctly in the opening sentences of the 9th Circuit’s…
Last week I had the great pleasure of moderating a panel on CDA 230 After FOSTA and Hassell v Bird with Santa Clara Law School Professor Eric Goldman and EFF Counsel Sophia Cope. Below are the slides from the panel. Please note the Appendix with links to further resources on the topic.
The California Lawyers Association IP Section is hosting its 43rd IP Institute in San Jose. The brochure is below but it will include panels on privacy, CDA230, ethics credits as well as the head of the USPTO. I will be moderating a panel on CDA 230 with Santa Clara University Law Professor Eric Goldman and…
In 2016, a California appeals court upheld a default judgment order in favor of Dawn Hassell and the Hassell Law Group (“Hassell”) holding defendant Ava Bird liable for defamation and requiring her to remove defamatory reviews she posted about Hassell on Yelp. Yelp appealed the order, but the Court of Appeal held that Yelp could be required to remove…
The California Lawyers Association Intellectual Property Section’s Technology Internet and Privacy (“TIP”) Interest Group has two upcoming events. WED JUNE 6 (NOON PDT) – WEBINAR New Law, New Liability For User Generated Content: Can You Afford to Curate Content Under Congress’ Anti-Sex Trafficking Effort? Section 230 has long been a foundational part of the legal…
The House Judiciary Committee held a hearing on Thursday to “examine how social media companies filter content on their platforms.” House Judiciary Committee Chairman Bob Goodlatte (R-VA) opened the hearing by stressing that There is . . . a fine line between removing illegal activity and suppressing speech. And while these companies may have legal,…
In January, Senator Rob Portman (R-OH) argued that Congress needed to act on his Stop Enabling Sex Traffickers Act to address websites like Backpage.com, which his subcommittee had documented had been promoting sex trafficking with minors. Courts across the country have consistently ruled that a federal law—and this is why Congress has such a key role…
In 2015, the City of Santa Monica adopted an ordinance that prohibited rentals of residential property for thirty (30) days or less unless the owner had a business license and remained on the property during the rental. The Ordinance also prohibited “Housing Platforms” like Airbnb and HomeAway from “advertis[ing]” or “facilitat[ing]” rentals that violated the…
Four very closely watched cases in separate areas of the law will be argued within a 50-day period that ends April 17th. Each case could yield a very significant ruling impacting internet law. February 27: United States v. Microsoft The U.S. Supreme Court recently heard argument in a dispute over a federal criminal subpoena for…
Cyber Report 