Ninth Circuit Interprets FOSTA Restriction on Section 230 Narrowly
- On October 24, 2022, the Ninth Circuit ruled that Section 230 of the Communications Decency Act shielded Reddit Inc. from liability under the Trafficking Victims Protection Reauthorization Act (TVPA). The court considered the text of a 2018 amendment to Section 230, known as the... ›
Supreme Court to Address Section 230 for First Time
By: Aaron P. Rubin, J. Alexander Lawrence and Dillon Kraus
On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC , No.1-1333 , to address the scope of Section 230 of the Communications Decency Act. The Court will consider whether Section 230(c)(1) immunizes website operators and other online... ›Hot Off the Press: The August Issue of Our Socially Aware Newsletter Is Now Available
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award -winning guide to the law and business of social media, we examine the use of the Computer Fraud and Abuse Act to... ›Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away
In a closely watched case, the U.S. Supreme Court ruled today in a 6-3 decision that Aereo’s Internet streaming service engages in unauthorized public performances of broadcast television programs in violation of the Copyright Act, reversing the Second Circuit’s decision in American Broadcasting Companies,... ›Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.
The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3... ›Which Way is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case
In a case that could have a broad impact on how companies deliver content to consumers, the Supreme Court heard oral argument on April 22 in American Broadcasting Companies, Inc. v. Aereo, Inc. (No. 13-461). At issue is whether Aereo’s service engages in public performances under... ›You May Not Necessarily Be the Master of Your Domain
The ability to associate goods and services with a specific domain name can make or break a business, so much so that companies are still willing to fork over millions to purchase domain names. And although you may consider yourself lucky to have registered... ›Refining the First Amendment Status of Social Media Activity by Government Employees
By: Aaron P. Rubin
The Supreme Court’s 1968 decision in Pickering v. Board of Education allows governmental employers, including law enforcement agencies, to fire or discipline employees for disrupting operations with excessive complaining, but it prohibits governmental employers from firing or disciplining an employee for speaking out on... ›Two Circuits Address the First Amendment Status of Facebook Activity
Two recent U.S. appellate court decisions have clarified the extent to which the First Amendment protects the social media activities of government employees. In Gresham v. City of Atlanta , the Court of Appeals for the Eleventh Circuit found that an individual’s First Amendment... ›Click-Accept Arbitration: Enforcing Arbitration Provisions in Online Terms of Service
Companies that provide services to consumers have often sought to reduce the risk of class action lawsuits by requiring that their customers agree to arbitrate any disputes. Such arbitration agreements may require customers to arbitrate on an individual basis only, with customers being obligated... ›