News & Analysis as of

Website Owner Liability Social Media

Troutman Pepper

More Privacy, Please – November/December 2023

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In recent regulatory and enforcement developments, the California Privacy Protection Agency (CPPA) proposed a regulatory framework for automated decision-making technology (ADMT) and revisions to the California Consumer...more

Partridge Snow & Hahn LLP

Supreme Court Rules for Twitter and Declines to Address Section 230 in Much-Anticipated ISIS Case

On May 18, 2023, in Twitter, Inc. v. Taamneh et al., the United States Supreme Court ruled against an Islamic State of Iraq and Syria (“ISIS”) attack victim’s family who sought to hold Twitter, and other social media...more

Robinson+Cole Data Privacy + Security Insider

UK Law May Create ‘Duty of Care’ for Social Media Companies

The UK is reportedly considering legislation that would impose a ‘duty of care’ on social media companies to regulate harmful content on their platforms. This push for an online safety bill was triggered by the high-profile...more

Akin Gump Strauss Hauer & Feld LLP

California Enacts Broad New Social Media Legislation on Content Moderation Practices

Key Points - This September, California Gov. Gavin Newsom signed AB 587 into law, establishing new transparency requirements for social media companies. The new requirements include publicly posting and submitting to the...more

Hogan Lovells

The ‘Anti-Trolling’ Bill: reassurance for social media page owners

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The Federal Government has introduced the new Social Media (Anti-Trolling) Bill 2022 (Bill) which shifts publication liability from social media page owners to social media service providers (such as Facebook, Instagram and...more

Proskauer Rose LLP

The Law on Online Content Moderation and Where It's Headed

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Online platforms that allow users to post content face a constant choice: to remove or to not remove, to police or not to police. Shakespearean allusions aside, platforms generally want user engagement — to reach as many...more

Jaburg Wilk

Stopping Online Infringement

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Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more

Vinson & Elkins LLP

A New Filter For Section 230: Snapchat Court Joins Lawmakers In Chipping Away At Social Media Immunity

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Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the...more

Womble Bond Dickinson

The Churl Nextdoor

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What gets us into trouble is not what we don’t know. It’s what we know for sure that just ain’t so. (Attributed (probably wrongly) to Mark Twain) - A funny thing happened to me on the way to this blog: I learned that what...more

Manatt, Phelps & Phillips, LLP

Section 230 Under Assault: It’s Not Just a Big Tech Problem

Section 230 of the Communications Decency Act (CDA) is once again at the center of a major political debate, with momentum building for an overhaul of the statute that many view as having served a critical role in the rise of...more

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

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In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...more

Womble Bond Dickinson

The New Age of Content Moderation(?)

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The huge search and social media platforms of the internet are reaching an inflection point. For decades they have been able to deflect attention from their role as content providers. The issue is now front and center in our...more

Proskauer - New Media & Technology

CDA “Reform” on the Horizon: Investors and Operators Take Note

The appetite for acquisitions and investment in online businesses has never been stronger, with many of the most attractive online opportunities being businesses that host, manage and leverage user-generated content. These...more

Mintz - ML Strategies

Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

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On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more

Troutman Pepper

California Consumer Privacy Act Enforcement Series: Failing to Provide Adequate Notice at Collection

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Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more

Greenberg Glusker LLP

[Webinar] #FreeSpeech: Perspectives from the UK and the US on Social Media Liability for Fake News, Damaging Content and...

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Greenberg Glusker and Farrer & Co are delighted to present a joint webinar during which reputation management and media specialists from both firms will discuss: - Key legal developments in the UK and US related to Big...more

Proskauer - New Media & Technology

Repeal of CDA Section 230?

In an interview with the editorial board of the New York Times, published today, former Vice President Joe Biden advocated for repeal of Section 230 of the Communications Decency Act (CDA). As readers of this blog may know,...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

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Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Polsinelli

Top EU Court: Cookies Require Active, Specific and Informed Consent

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The Court of Justice of the European Union (CJEU) published a judgment that echoes the recent developments discussed in our August update, "New Developments in EU for Cookies and Online Tracking." This is an important...more

Mintz - Privacy & Cybersecurity Viewpoints

Ruling from Europe’s High Court: “Active” Consent Required for Cookies

The Court of Justice of the European Union (CJEU) – the European Union’s equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may require re-evaluation of your cookie...more

Proskauer - New Media & Technology

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available...

In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more

Brooks Pierce

Like Incorporating Facebook into your Website? EU Decision Raises New Issues

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A ruling by the highest court in the European Union regarding the common practice of putting a Facebook “Like” button on a website could have repercussions for American companies doing business overseas. In late July, the...more

Jones Day

ECJ Rules Companies Using Social Plugins Are Joint Controllers

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The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more

Neal, Gerber & Eisenberg LLP

Client Alert: Using Facebook’s “Like” Button Makes Websites Responsible for Data

Website plug-ins such as Facebook’s “Like” button are becoming increasingly common on websites to promote websites’ products and services on social media platforms.  However, a recent ruling by the European Union Court of...more

Wilson Sonsini Goodrich & Rosati

Website Operator Jointly Liable for Data Collection and Transmission Through Facebook "Like" Button

On July 29, 2019, the European Court of Justice (ECJ) issued its decision in FashionID (Case C-40/17), determining that website operators are jointly liable with plugin providers for data collection and transmission through...more

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