News & Analysis as of

Internet First Amendment

Cranfill Sumner LLP

Defamation and Reputation Management in the Digital Age

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Defamation is the act of communicating false statements about a person that injures their reputation. Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries....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

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Decide Federal Government’s Ability to Engage with Social Media Companies in Content Moderation

After previously finding that the Biden White House and the FBI likely violated First Amendment free speech protections for some users of online social media platforms, the Fifth Circuit expanded its ruling to find that the...more

Venable LLP

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

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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

Jones Day

JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion

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Jones Day's Alexander Maugeri explains Section 230 of the Communications Decency Act, how it potentially affects content on the internet, and why possible reforms must be balanced with free speech concerns. (Transcription)...more

Womble Bond Dickinson

EU Data Localization Would Hurt U.S. Businesses

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Stung by Brexit and set adrift by a neglectful U.S. foreign policy, the European Union has started to explore new ways of breaking away from the rest of the world, including taking steps to cordon EU data into locally managed...more

Jones Day

Net Neutrality Proposals for Tech Platforms Raise First Amendment Concerns

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The Issue: Tech platforms face a hostile environment in Washington, with bipartisan consensus building behind proposals for additional regulation. The Situation: Regulating how tech companies transmit online content is the...more

Foster Garvey PC

Short-Term Rental Update: HomeAway and Airbnb lose the battle against Santa Monica; Blueground gains traction

Foster Garvey PC on

HomeAway and Airbnb Lose the Battle Against Santa Monica - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories on Mar 13, 2019) On March 13, the Ninth Circuit ruled against HomeAway and...more

Poyner Spruill LLP

The Right to be Forgotten in an Era of Instant Notoriety

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*Trigger Warning*: This article includes mentions of suicide. It could be the start of a Law & Order episode. In August, a pedestrian in Manhattan’s East Village noted a driver sitting inside a parked car. The driver was...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

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Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

WilmerHale

California Enacts Nation’s First Anti-Bot Law

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On September 28, California Governor Jerry Brown signed into law S.B. 1001, which makes it illegal “for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

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Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Searcy Denney Scarola Barnhart & Shipley

Repeal of Net Neutrality? Everyone loses except the powerful

Web Access Through Corporate Control - The barrage of backlash booming around the repeal of the net-neutrality law by the Federal Communications Commission is facing an all-fronts assault. The communications companies that...more

Searcy Denney Scarola Barnhart & Shipley

Small Business Attacked by FCC — Internet is in the hands of big business

FCC Kills Net Neutrality - Death threats. Protests. Rallies. Strong opinions roil around the controversial Federal Communications Commission vote to repeal the Obama administration’s net-neutrality law that protected a...more

Fenwick & West LLP

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

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In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Hogan Lovells

What blockchain can learn from the net neutrality debate: antitrust and regulatory aspects of “paid prioritization” for a nascent...

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First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third Time’s the Charm: Court Upholds FCC Net Neutrality Regulations"

Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in a lengthy 2-1 decision denied various challenges to the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet...more

Kelley Drye & Warren LLP

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

Goulston & Storrs PC

Are You Ready for the Attack? Online Brand and Reputation Protection

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It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The FCC Acts (Again) on Net Neutrality, Awaits Court Challenges"

The Federal Communications Commission (FCC or Commission) recently issued its long-awaited network neutrality regulations, which if allowed to stand will have far-reaching implications for media, content, broadband and the...more

Brownstein Hyatt Farber Schreck

Protecting High Profile Reputations - Brownstein's $19 Million Verdict Stands After Appeal

In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2014

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Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more

Davis Wright Tremaine LLP

U.S. House Approves Law Targeting Sex Trafficking Ads, Threatens to Undermine Section 230 of the Communications Decency Act

On May 20, 2014, the U.S. House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). If enacted, the bill would expose websites and other media to federal criminal penalties for...more

K&L Gates LLP

European Court of Justice Holds Google Responsible for the Processing of Personal Data from Third-Party Websites

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On May 13, 2014, the European Court of Justice (ECJ) delivered a judgment in Google vs. AEPD (C-131/12, hereinafter “Google Decision”) based on the EU Data Protection Directive (Directive 95/46/EC, the “Directive”). In the...more

Pullman & Comley, LLC

Cyber Law Tracker: Privacy Victory in Europe: EU’s Highest Court Requires Google® To Comply With An Individual’s Demand “To Be...

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The European Union's highest court has issued a landmark ruling: henceforth, individuals may influence what information search engines display about them. Before Tuesday's ruling, search engines such as Yahoo®, Google®, or...more

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