News & Analysis as of

Communications Decency Act

Social Links: Bills that would take a bite out of §230; court opinion on social media & ethics; using evidence on social media to...

A federal appeals court in Miami held that a judge needn’t necessarily recuse herself from a case being argued by a lawyer with whom the judge is merely Facebook “friends.”...more

Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms

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

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Amy Padden Announces Bid for Colorado Attorney General- Democrat Amy Padden, former Executive Assistant U.S. Attorney and Law Enforcement Coordinator for the District of Colorado, announced...more

California Employers May Sue For Online Defamation

by Fisher Phillips on

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

Open Questions on Media Company Liability for Statements Made by Talent

by Akin Gump - Excubitor on

A recent case has raised questions about whether or not a media company can be held liable for defamatory statements made by its talent on social media. The case arose after a falling out between two television stars, Mykel...more

Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable

by Bennett Jones LLP on

The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more

AD-ttorneys@law

by BakerHostetler on

Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have...more

Discovery A Defendant In Facebook Flame War

by Fox Rothschild LLP on

An ugly dispute between two reality stars has the potential to create precedent on the responsibility of television networks for posts by its talent on social media sites. The protagonists are Mykel Hawke and Joseph Teti,...more

Maintain immunity under the Communications Decency Act [MCLE]

by Buchalter on

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal...more

Socially Aware: The Social Media Law Update Volume 8, Issue 2

Welcome to the newest edition of Socially Aware, our Burton Awardwinning guide to the law and business of social media. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies;...more

Understanding New Attacks on Section 230 Immunity

by Brooks Pierce on

Section 230 of the Communications Decency Act provides website operators who post user-generated content with broad immunity from most legal claims arising from that content. It is this broad protection that enables popular...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

Socially Aware: The Social Media Law Update Volume 8, Issue 1

The Decline and Fall of the Section 230 Safe Harbor? - 2016 was a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or...more

Snapchat Clocks Section 230 Win in Speed Filter Case

We have been monitoring a trend of cases narrowing the immunity provided to website operators under Section 230 of the Communications Decency Act (CDA). A recent decision by a state court in Georgia, however, demonstrates...more

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

Pulse Nightclub Shooting Lawsuit May Show Path Around the Communications Decency Act

by Butler Snow LLP on

I previously posted Facebook Fake News Problem May Impact Businesses Operating Open Web Sites on why the controversy over fake news stories on Facebook may cause concern for businesses operating open websites, although such...more

For the Time Being, Tech Companies Remain Shielded from Liability for Users’ Uploaded Content

by Butler Snow LLP on

Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users’ uploaded content under the Digital Millennium Copyright Act (DMCA) and...more

2016: Our Greatest Hits

Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and...more

Personal and Corporate Reputation: Five Lessons from 2016

On November 19, 2014, Sabrina Erdely’s Rolling Stone article “A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA” went viral. The article depicted the violent gang rape of a University of Virginia student...more

The Decline and Fall of Section 230?

2016 has been a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or Leonard Cohen, feel free to drop us a line). But one possible...more

Airbnb Takes More Conciliatory Approach Following Adverse Ruling

by Bryan Cave on

In a blow not only to Airbnb but to supporters of the Communications Decency Act generally, on November 8, 2016, a federal judge rejected Airbnb’s bid for a preliminary injunction enjoining the City and County of San...more

Facebook Fake News Problem May Impact Businesses Operating Open Web Sites

by Butler Snow LLP on

Recent criticisms lobbed at Facebook for fake news stories on its platform that allegedly tipped the election in Donald Trump’s favor may spell trouble for businesses operating open websites where users can post content. ...more

In a Rough Year for CDA §230, Manchanda v. Google Provides Comfort to Website Operators

As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the Communications Decency Act (CDA) still provides robust protection against liability for website...more

Ninth Circuit Reaffirms Section 230 Protections

by LeClairRyan on

Information Counts. That’s the title of this blog. And it’s an indisputable fact. Information is – and has been for at least 20 years – the currency of our economy, providing consumers, regulators and the general public...more

Facebook Implements Additional Measures to Prevent Discriminatory Practices in Targeted Advertisements

by Reed Smith on

Responding to news reports that journalists were able to purchase advertising on Facebook targeted to ethnic groups, Facebook announced several new changes to the company’s advertising products. The move highlights heightened...more

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