On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more
For the first time, the Federal Trade Commission (FTC) has taken aim at a company's failure to publish negative customer reviews on its website, claiming such a practice is deceptive and violates the FTC Act....more
On February 5, 2021, three Democratic Senators released the SAFE TECH Act, which aims to require online service providers to address fraud, harassment, and the use of social media to organize extremist violence. If passed,...more
Sometimes, bad facts don’t make bad law. Two recent decisions confirm that a federal immunity protects websites from claims that they allowed their users to post content that ultimately caused injury or even death. ...more
December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium...more
On Oct. 26, the Copyright Office published a notice of its final rule governing how online service providers must designate their "agent" for infringement notifications pursuant to the Digital Millennium Copyright Act, 17...more
Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search...more
7/2/2015
/ Corporate Counsel ,
Duty of Care ,
E-Commerce ,
EU ,
France ,
Google ,
Online Commentary ,
Popular ,
Right to Be Forgotten ,
Search Engines ,
Third-Party Liability ,
Websites
The 9th Circuit earlier this month decided that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, does not bar claims that a networking website for models failed to warn a member that a third party might use the...more
On Aug. 12, 2013, a federal court in Kentucky held that the website TheDirty.com can be liable for comments posted by third parties, refusing to rule as a matter of law that the site is immune under Section 230 of the...more