Avoiding Claims Under the Computer Fraud and Abuse Act in Connection with Software and Firmware Updates
- - Fraud, LitigationA 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... ›In the Public Eye: USPTO Issues Report on AI
By: Tessa Schwartz
The USPTO recently released the report “Public Views on Artificial Intelligence and Intellectual Property Policy”. The report is part of the USPTO’s effort to engage with the innovation community and experts on AI and to promote innovation of AI through appropriate intellectual property incentives.... ›MoFo Associate Takes Law Mentorship to TikTok
Thomson Reuters’ The Daily Docket interviewed Cecillia Xie about her popular TikToks, where she mentors followers and helps them navigate law school and legal careers. “What I want to encourage young attorneys to do is take a step back from the environment of law... ›EU Copyright Directive – Quo Vadis: First Steps Towards its German Implementation
By: Christiane Stuetzle and Patricia C. Ernst
SUMMARY On June 7, 2019, the highly controversial EU Copyright Directive (“Directive”) came into force, requiring EU Member States to transpose its provisions into national law by June 7, 2021. To recap, the most relevant provisions of the Directive require the implementation of the... ›New copyright registration option for bloggers; AT&T’s opinion on CDA §230; questions about YouTube’s anti-hate rules
By: Aaron P. Rubin
A federal district court judge in Brooklyn, N.Y., dismissed the complaint in a case filed by Genius , a platform that lets users share and annotate lyrics, holding that the plaintiff’s claims were preempted by copyright law. The suit alleged that Google had stolen... ›EDNY Refuses to Dismiss on § 230 Grounds in “Shitty Media Men” Defamation Case
By: Aaron P. Rubin
In Elliott v. Donegan , a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the possibility that Defendant created or developed... ›District Court in 3rd Circuit Sides with 9th Circuit: §230 Protects Social Platforms from State Law Intellectual Property Claims
By: Evangeline Phang
It is another win for social media platforms in the realm of the Communications Decency Act’s Section 230. In a case of first impression within the Third Circuit, the Eastern District of Pennsylvania in Hepp v. Facebook ruled that social media platforms are immune... ›FTC questions protections afforded tech platforms; LinkedIn was platform of choice for sellers of COVID-19 PPE; Appeals court passes on “retweet” propriety question
By: Julie O'Neill
Expressing concern about the spread of disinformation related to COVID-19, Federal Trade Commissioner Rohit Chopra said Congress may need “to reassess the special privileges afforded to tech platforms, especially given their vast power to curate and present content in ways that may manipulate users.”... ›Stretching the Bounds of Personal Jurisdiction, 4th Circuit Finds Geotargeted Advertising May Subject Foreign Website Owner to Personal Jurisdiction in the U.S.
By: J. Alexander Lawrence
Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the United States, according to a new ruling from... ›