On May 11, 2022, the Fifth Circuit reinstated Texas state law HB 20 which allows private parties to sue tech platforms with 50M+ MAUs for their censorship of user-generated content based on “the viewpoint of a user or another person”. On May 13, technology lobbying groups NetChoice and the Computer...
What follows is the second of three posts on Capitol Records v. Vimeo. The first post is here.
Capitol Records' lawsuit against Vimeo, running in federal court since 2009, raised important and unsettled questions concerning the scope of safe harbors for online intermediaries under the...
What follows is the first of three posts on today's long-awaited decision by the Second Circuit Court of Appeals in Capitol Records v. Vimeo.
Capitol’s lawsuit against Vimeo, running in federal court in New York since 2009, raised important and unsettled questions concerning...
The D.C. Circuit today upheld the Federal Communications Commission’s (FCC) 2015 network neutrality regulations, vindicating the agency’s decision to reclassify internet service providers (ISPs) as common carriers under Title II of the Telecommunications Act of 1996. Equally as important – though...
The Center for Internet and Society (CIS) at Stanford Law School has appointed Luiz Fernando Marrey Moncau as Intermediary Liability Fellow. In this role at CIS, Moncau will continue his longstanding work promoting strong and well-crafted intermediary liability laws that advance the rights and...
In defending Facebook against government scrutiny by invoking First Amendment rights, we’ve overlooked the legal consequences for CDA 230 and risk constitutionalizing the web.
In the wake of recent reporting of Facebook’s alleged liberal curation of its trending newsfeed and Sen. John Thune’s...
The Facebook Trending Topics controversy has been analyzed from many angles, but there's been virtually no attention paid to the single most troubling aspect of the story: a Senate inquiry into Facebook's editorial decision-making process. My Slate column on the issue is here.
Jonathan Taplin’s op-ed (Do You Love Music? Silicon Valley Doesn’t) in the May 20 edition of The New York Times perpetuates a powerful dichotomy that has come to dominate debates surrounding copyright reform, specifically with respect to the Digital Millennium Copyright Act (DMCA): you’re either for...
Good data about Notice and Takedown can be hard to find. Jennifer Urban and Laura Quilter’s seminal 2006 study has long been the gold standard, combining rigorous number-crunching with what must have been incredibly tedious substantive review of the copyright claims in DMCA notices. Now Urban, along...
The FBI investigates a grizzly murder. You are a bank president. The murderer stored his phone book in your bank's safety deposit box, the code for which is encrypted with copyrighted proprietary software, before he committed the murder. The FBI demands that you provide it with the master code for...
As I've said many times over the years, on matters of technology policy and Internet security, sometimes I wonder if the US government ever left the 1990s.
Last evening a federal magistrate directed Apple to work with the FBI in facilitating their access to the seized iPhone of one of the San...