Ninth Circuit’s Snap Decision Limits Section 230 Immunity
- 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 apps, that immunity is not without... ›
- - Privacy
Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer
By: Julie O'Neill
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior... › - - Privacy
Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.
By: Julie O'Neill
We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent enough – the whole... › Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use
By: Aaron P. Rubin
In Stover v. Experian Holdings , the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online contract containing a change-of-terms provision—is not... ›Two Great New Blogs!
Morrison & Foerster’s Appellate Group has created two unique blogs containing invaluable information: The Federal Circuitry blog takes a data-driven look at the Federal Circuit; and The Left Coast Appeals blog offers an empirical window into the Ninth Circuit’s workings, monitors the Ninth Circuit’s... ›Social Links: Internet law under Biden; new tech-laws around the world; the UK’s Endorsement Guides
By: Anthony M. Ramirez
Experts anticipate that the incoming Biden administration will be tough on tech. What does that mean for the future of §230 of the Communications Decency Act? The antitrust suit against Google? This NPR piece makes some predictions. Human rights activists are outraged over a... ›Social Links: Avoid becoming a social-media-scam victim; does stream-ripping site violate copyright law?
By: Julie O'Neill
Reports of social media scams that have caused users to lose money had tripled by the end of 2020’s second quarter, resulting in the loss of $117 million during the first two quarters of this year alone. Romance scams and supposed economic relief offers... ›S.D.N.Y. Dismisses Defamation Case Arising Out of “Battle by Tweet”
By: Aaron P. Rubin
In Ganske v. Mensch , a defamation suit stemming from a “battle by Tweet,” a federal district court in New York held that the allegedly defamatory statements in the defendant’s Tweet were nonactionable statements of opinion and dismissed the case. The case illustrates that... ›- - Fraud, Litigation
Avoiding Claims Under the Computer Fraud and Abuse Act in Connection with Software and Firmware Updates
By: J. Alexander Lawrence
A recent ruling in Parziale v. HP, Inc. , arising out of the implementation by Hewlett-Packard (“HP”) of a remote firmware update on many models of the company’s printers, highlights the potentially broad application of the Computer Fraud and Abuse Act (“CFAA”). It also... › Turkey’s new social media law; social media ad spend; Harvard Law School’s social media policy
By: Anthony M. Ramirez
In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally accountable to Turkish authorities. Among... ›