News & Analysis as of

Communications Decency Act Appeals

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

Proskauer Rose LLP

The Potential Antitrust Impact Of High Court Section 230 Case

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Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more

Kohrman Jackson & Krantz LLP

Supreme Court to Address Big Tech Immunity Under Section 230

Last week, the Supreme Court granted certiorari for two cases challenging Section 230 of the Communications Decency Act. The result of the Supreme Court’s review has the potential to change how big tech and social media...more

McDermott Will & Emery

Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another

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The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency Act (CDA), 47 USC § 230, and for copyright infringement under the fair use...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

McDermott Will & Emery

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...more

Fenwick & West LLP

Section 230 and the Future of Content Moderation

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The Communications Decency Act of 1996 (CDA) was a landmark law enacted to regulate content on the internet. The purpose of the legislation was to regulate indecent and obscene material online, but it is most relevant today...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

Fenwick & West LLP on

In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

WilmerHale

Second Circuit Affirms Broad Immunity for Online Providers to Remove Third-Party Content from Their Websites

WilmerHale on

Earlier this month, in Domen v. Vimeo, Inc., a panel of the U.S. Court of Appeals for the Second Circuit held that a relatively unused subpart of Section 230 of the Communications Decency Act (CDA) - namely, 47 U.S.C. §...more

Fenwick & West LLP

Second Circuit Affirms Video Sharing Site’s Immunity From Suit Under CDA Section 230 For Removal of User Content

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In a ruling that affirms the immunity of user-generated content platforms from suit for removing content from their sites, a panel of the U.S. Court of Appeals for the Second Circuit unanimously held that Section 230 of the...more

Faegre Drinker Biddle & Reath LLP

California Court of Appeal Finds Amazon Is Not Shielded from Liability for Defective Product Sold Through Its Website

In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more

White and Williams LLP

California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product

The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020...more

Butler Weihmuller Katz Craig LLP

Subro Sense Podcast - Unpacking Product Claims Against Amazon

Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party vendors. Recently, a U.S. Court of Appeals held for the first time that Amazon was a...more

Rosenberg Martin Greenberg LLP

Amazon and Products Liability: What A Difference the Mason-Dixon Line Makes

Less than two months apart, two U.S. Courts of Appeal examined the same two issues involving Amazon and came to diametrically opposed conclusions on one of them.  The issues were: (a) whether the Communications Decency Act...more

Dorsey & Whitney LLP

3rd Circuit Creates New Obligations for Online Platforms

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The 3rd Circuit recently held Amazon.com liable for damages for a product sold by a third-party. This is a potentially landmark ruling in the ongoing battle between consumers and online platforms regarding the obligations...more

Butler Weihmuller Katz Craig LLP

Amazon Is Subject To Liability As "Seller," Rules The Third Circuit

In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its...more

White and Williams LLP

Third Circuit Holds Amazon Liable As a Product Seller – Communications Decency Act Not Applicable to Sale and Distribution Strict...

Defective products harm consumers. Courts have consistently held, however, that Amazon is not liable for defective products acquired through its on-line marketplace because the company is not a “seller” and is otherwise...more

Foster Garvey PC

OTA & Travel Distribution Update: U.S. Circuit Court deals a blow to short-term platforms; Google continues steady evolution; a...

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U.S. Circuit Court Deals a Blow to Short-Term Platforms - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories, March 13, 2019) In somewhat of a surprise ruling issued last week, the...more

BCLP

Online Review Website Cannot Be Forced To Remove Defamatory Posts

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The California Supreme Court ruled that an online publisher cannot not be forced by a court to remove a third-party post that was judicially determined to be defamatory. The 4-3 ruling by the California Supreme Court, issued...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

Ballard Spahr LLP on

In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

Orrick - Trade Secrets Group

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Morrison & Foerster LLP - Social Media

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the...

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more

Jaburg Wilk

'Zeran v. AOL': The Anti-Circumvention Tool

Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

Fisher Phillips

California Employers May Sue For Online Defamation

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The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Holland & Knight LLP

Sixth Circuit Holds Website Cannot Be Liable for Postings, Reversing Lower Court

Holland & Knight LLP on

In an important decision issued today, the Sixth Circuit held that the operators of www.TheDirty.com could not be held liable for postings by third parties on the website. The decision reversed the decision of the Eastern...more

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