Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion
Trump vs. Twitter: The Feud Over Section 230 and Online Censorship
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Waldman: Stop Immunizing Websites That Allow Harassment
On May 19, President Donald Trump signed the Take It Down Act into law. The act will have an immediate impact on platform providers, which will be required to actively monitor and, in many cases, censor the speech of their...more
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
The Supreme Court granted certiorari in Gonzalez v. Google, a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...more
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
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
A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides broad immunity to the owners and operators of websites and mobile...more
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
On September 4, 2019, the U.S. Federal Trade Commission announced Google and YouTube will pay a record $170 million as part of a settlement over allegations that YouTube violated the Children’s Online Privacy Protection Act...more
In the swirl of scrutiny surrounding the big Silicon Valley tech companies and with some in Congress declaiming that Section 230 of the Communications Decency Act (CDA) should be curtailed, 2019 has quietly been an important...more
As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law...more
In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third party content. The beat goes...more
The Communications Decency Act has long shielded internet service providers from liability when they re-post fake news or fraudulent information from another provider. The federal statute says no interactive computer service...more
Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr...more
Sometimes, bad facts don’t make bad law. Two recent decisions confirm that a federal immunity protects websites from claims that they allowed their users to post content that ultimately caused injury or even death. ...more
Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us...more
The federal Communications Decency Act of 1996, in what is commonly referred to as “Section 230,” absolves from liability the “provider” of “an interactive computer service” when the plaintiff uses a theory of liability that...more
On Wednesday, April 11, the President signed into law the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, also known as “FOSTA.” FOSTA aims to address congressional concerns that certain online service...more
Today, the President signed H.R. 1865, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (commonly known as “FOSTA”). The law is intended to limit the immunity provided under Section 230 of the...more
As Congress considers repealing a certain type of statutory immunity for web hosts, a federal appeals court handed Google a victory under the same law. The timing of these events may portend an uncertain future of the...more
If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more
At the beginning of this year, internet companies found strengthened protection from liability for users’ sexual trafficking content thanks to the U.S. Supreme Court’s decision not to review a key First Circuit decision...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
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
Last week, the Ninth Circuit limited the ability of websites and online services to use Section 230 of the Communications Decency Act (CDA) to shield themselves from failure to warn lawsuits arising out of the offline conduct...more
A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more