JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion
New Developments in the World of Section 230
Trump vs. Twitter: The Feud Over Section 230 and Online Censorship
Social media giant TikTok has been sued by the United States for allegedly collecting data on children under thirteen illegally. The suit claims the app, which is owned by China-based parent company ByteDance, allowed...more
In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake...more
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
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
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
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
It might not have been successful, but query why Trump didn't argue Section 230 shields him from liability for reposts under Section 230? It is settled law that Section 230, which is often thought to only shield...more
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
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
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
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
As we reported in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media. In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted...more
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
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
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
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
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
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
Despite the business community’s interest in an all-encompassing federal data privacy law, such a development remains elusive. US legislators have periodically introduced bills that would establish a federal data privacy law,...more
In Jaime Rogozinski v. Reddit Inc, U.S. District Judge Maxine M. Chesney for the Northern District of California dismissed WALLSTREETBETS Reddit community founder Jamie Rogozinski’s claims against Reddit for trademark...more
Here at Socially Aware we talk a lot about Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes social media platforms and other online service providers from liability stemming from content...more
The rise of artificial intelligence (“AI”) poses novel questions about whether internet technology companies will face liability for misinformation on their platforms. Internet companies have long been shielded from liability...more
The Supreme Court this term elevated First Amendment values over anti-discrimination laws and stalking statutes in two important cases. The most far-reaching case, 303 Creative LLC v. Elenis, decided that a website designer...more
On June 2, 2023, the Ninth Circuit reversed a dismissal of Plaintiff Enigma Software Group’s (“Enigma”) Lanham Act false advertising and related state law claims against its competitor, Defendant Malwarebytes, Inc....more