Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a...more
As we approach the end of 2017, it is a time to reflect on the dizzying pace of technology evolution this year, and the amazing array of legal issues it presented. Similarly, it is a time to look forward and anticipate what...more
12/21/2017
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Blockchain ,
Communications Decency Act ,
Cybersecurity ,
DMCA ,
Emerging Technology Companies ,
EU ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Popular ,
Technology Sector ,
Uniform Commercial Code (UCC)
In a brief, unpublished opinion, the Sixth Circuit affirmed the dismissal of right of publicity and privacy claims against a host of self-publishing platforms and service providers for distributing an erotic (and purported...more
Following the reasoning of several past decisions, a California district court dismissed claims against Google under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333, for allegedly providing “material support” to ISIS by...more
In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more
11/10/2017
/ Canada ,
Comity ,
Communications Decency Act ,
Delisting ,
E-Commerce ,
EU ,
First Amendment ,
Free Speech ,
Google ,
Injunctive Relief ,
Preliminary Injunctions ,
Right to Be Forgotten ,
Section 230 ,
Supreme Court of Canada ,
Website Owner Liability ,
Websites
The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more
10/25/2017
/ Attorney's Fees ,
Browsewrap Agreement ,
Communications Decency Act ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Defamation ,
Novell ,
Section 230 ,
Terms of Use ,
The Copyright Act ,
Third-Party Service Provider ,
User-Generated Content ,
Websites
In a resounding victory for well-drafted terms and conditions and robust immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA Section 230”), a Massachusetts district court granted summary...more
9/2/2017
/ Communications Decency Act ,
E-Commerce ,
Fraud ,
Immunity ,
Online Travel Vendors ,
Privacy Policy ,
Screening Procedures ,
Summary Judgment ,
Terms and Conditions ,
Third-Party ,
Vacation Rentals
Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more
9/9/2016
/ Communications Decency Act ,
Corporate Counsel ,
Minors ,
Online Platforms ,
Online Safety for Children ,
Putative Class Actions ,
Snapchat ,
Social Media ,
Social Networks ,
Telecommunications ,
Telecommunications Act ,
Terms of Service ,
Websites
Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s...more
On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site, TheDirty.com, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230. The appeals...more