News & Analysis as of

Communications Decency Act

Cozen O'Connor

New Mexico Snaps at Snapchat for Allegedly Failing to Protect Minors

Cozen O'Connor on

New Mexico AG Raúl Torrez has filed a lawsuit against Snap Inc., accusing Snapchat of facilitating child sexual exploitation and sextortion through its design features and recommendation algorithms, allegedly violating state...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

Fox Rothschild LLP on

Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

Pillsbury - Internet & Social Media Law Blog

In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

Perkins Coie

Supreme Court Finds First Amendment Barriers to TX and FL Social Media Regulation

Perkins Coie on

On July 1, 2024, the Supreme Court of the United States ruled in Moody v. NetChoice, LLC that laws regulating large social media platforms passed by Texas and Florida likely offend the First Amendment in at least some...more

Snell & Wilmer

Supreme Court Clarifies First Amendment and Standing Standards Applicable to Social Media Content Moderation Policy Challenges

Snell & Wilmer on

Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...more

Napoli Shkolnik

Controls on Social Media Use are Taking Hold—at School

Napoli Shkolnik on

As the inherent risks of social media use become more broadly understood, pressure is building on government bodies at every level to enact effective regulations. There has been some action at the federal level: both the...more

Benesch

The Potential Applicability of Section 230 of the Communications Decency Act in Search Engines in the AI Age

Benesch on

In the ever-evolving landscape of artificial intelligence (AI), the integration of AI into search engines has marked a significant shift. Recent announcements from major tech events such as Apple’s WWDC 2024 and Google I/O...more

Proskauer - New Media & Technology

A Final Bow for Section 230? Latest Plea for Reform Calls for Sunset of Immunity Law

Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the...more

Troutman Pepper

Court Permits Arkansas Attorney General’s Lawsuit Against TikTok to Proceed

Troutman Pepper on

The Circuit Court of Cleburne County, Arkansas, denied TikTok and its parent company ByteDance’s motion to dismiss a lawsuit brought by Arkansas Attorney General Tim Griffin. In the complaint, the AG alleges that TikTok...more

Morrison & Foerster LLP - Social Media

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

Haight Brown & Bonesteel LLP

Double Check Your Work: Online Content Creators Who Use Defamatory Material From a Third Party May Not Be Protected By the...

In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint...more

Cozen O'Connor

The State AG Report – 4.25.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican and Democratic AGs Square Up for Emissions...more

Cozen O'Connor

Bipartisan AGs Argue Section 230 Immunity for Online Platforms is Untenable “Engine of Human Misery”

Cozen O'Connor on

A coalition of 20 Republican and three Democratic AGs submitted an amicus brief to the U.S. Supreme Court in the case Doe v. Snap, Inc., No. 23-961, urging the Court to grant petitioner’s writ of certiorari and reverse the...more

BakerHostetler

FTC Case Against VoIP Provider Collides with Section 230 of the Communications Decency Act

BakerHostetler on

Back in February 2023, the FTC announced a federal complaint against a voice over Internet protocol (VoIP) provider that it alleged had delivered tens of millions of debt service calls to consumers nationwide. The FTC also...more

Locke Lord LLP

Ringless Voicemail Service Provider Protected by Strong Ruling on Section 230 Immunity

Locke Lord LLP on

In a case that could have broad implications for telecommunications platforms, telemarketing, and privacy law, Stratics Networks Inc. (Stratics), an interactive communications software corporation offering ringless voicemail...more

Manatt, Phelps & Phillips, LLP

Communications Decency Act Does Not Bar Claims Against Social Media Companies Due To Mass Shooting

A New York State trial court has held, in Patterson et al. v. Meta Platforms, Inc. et al., that the Communications Decency Act (CDA) does not preclude, as a matter of law, claims asserted against various social media...more

BakerHostetler

The Latest Public FTC Meeting: A Telemarketing Recap and Supply Chain Issues

BakerHostetler on

The latest public Federal Trade Commission (FTC) meeting focused on two issues – the recent announcement of revisions to the Telemarketing Sales Rule (TSR or Rule) and a discussion of an agency report on supply chain issues...more

Morrison & Foerster LLP - Social Media

Part 3 – Section 230: 27 Years Old And Still In The Spotlight

In the prior two installments of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Holland & Knight LLP

Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

Holland & Knight LLP on

Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more

Morrison & Foerster LLP - Social Media

Central District Of California Upholds Grindr’s Immunity Under Section 230 Amidst Growing Concerns Over Social Media Safety For...

Recent Senate hearings on social media safety have spotlighted the urgent need to protect children online, a concern that’s increasingly challenging the legal frameworks governing online platforms. Against this backdrop, the...more

Buckingham, Doolittle & Burroughs, LLC

What is Section 230?

The Internet makes it easier than ever to connect with people around the world, share ideas and information, and have their voices heard regardless of whether they are a single individual with limited resources or a massive...more

Morrison & Foerster LLP - Social Media

Part 2(B) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Morrison & Foerster LLP - Social Media

Part 2(A) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Buckingham, Doolittle & Burroughs, LLC

How to File a Defamation Lawsuit

In a world where information travels at the speed of a click, protecting your reputation is more important than ever. When false and defamatory content is published online, it can rapidly spread to thousands of people in a...more

Venable LLP

AI Deepfake Bill: Senators Contemplate the First Federal Right of Publicity

Venable LLP on

On Thursday, October 12, a bipartisan group of senators—Chris Coons (D-Del.), Thom Tillis (R-N.C.), Marsha Blackburn (R-Tenn.), and Amy Klobuchar (D-Minn.)—released a Discussion Draft of the Nurture Originals, Foster Art, and...more

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