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“Cyber Civil Rights” Prioritizes Civility Over Rights
By J. DeVoy In Danielle Citron’s paper Cyber Civil Rights, which she discussed at Denver Univeristy’s “Cyber Civil Rights” Symposium (summarized by Eric Goldman here), her contempt for existing First...
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Libel Tourism Law Passes!
Representative Steve Cohen (D-TN) represents the people of Memphis, TN. His district also includes Graceland. That can’t be a coincidence, because he is the Congressional King of Free Speech...
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Yahoo’s spam filter protected by § 230
By J. DeVoy In a decision from the U.S. District Court for the Northern District of California, Yahoo’s spam filtering of its e-mail addresses is a valid exercise of its power as a content provider...
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Section 230 Amendment strips websites of immunity from anonymous commenters
Connecticut Sen. Joe Lieberman, who is not particularly known for his friendliness toward the First Amendment, is at it again. As chairman of the Senate homeland security committee, Lieberman urged...
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Nevada: want in on the tech bubble 2.0? Get a better anti-SLAPP statute.
By J. DeVoy Earlier this week, Facebook announced its $1B acquisition of hipster staple Instagram. Everywhere you look, social media companies based on seemingly fragile social momentum are receiving...
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Primer On the Law of User-Generated Content
By J. DeVoy This blog often features articles on developments in § 230 of the Communications Decency Act, or the Digital Millennium Copyright Act, but the significance – and nuance – of such rulings...
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Illinois court rules anonymous comment allegations ‘sheer speculation’
A court in the Northern District of Illinois recently concluded that accusations that an internet service provider might have falsified an account in order to leave comments anonymously cannot survive...
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Anonymous Comes for Hunter Moore – Moore’s Man Card Revoked
Anonymous has now targeted Hunter Moore. In a release published today, Anon writes: Greetings citizens of the world, We are Anonymous. This is a call to all Anonymous worldwide, you have a chance to...
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Steubenville, Ohio: Gang Rape + SLAPP Suit
SLAPP suits are never pretty. This one is particularly troubling. A couple of members of the Steubenville, Ohio Big Red football team were accused of kidnapping and raping a 16 year old girl at a...
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Sunshine is the best disinfectant – the Steubenville Rape Case
The mainstream media has noticed that something is amiss in Steubenville, Ohio. (Rape Case Unfolds on Web and Splits City). And Jezebel gives credit where it is due — to a blogger who refused to let...
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Nevada has a New Anti-SLAPP Law
Post updated here. Filed under: First Amendment, internet law, law practice, politics, Section 230, SLAPP
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No…. Section 230 does not prohibit you from being responsible
There are three kinds of people who talk about Section 230: 1) Those who know the law and speak the truth, 2) Those who know the law, but lie, 3) Those who don’t know the law, and still spew stupidity....
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Revenge Porn Scumbags Spanked With $385,000 Judgment
Founders of the revenge porn site You Got Posted, Eric Chanson and Kevin Bollaert, have been ordered to pay an Ohio woman $385,000, including $75,000 in punitive damages, for distributing child...
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Your Kids’ Facebook Activities Can Subject You to Liability (But See 47...
As a general rule, parents are not liable for their childrens’ actions simply by virtue of the fact that they are the kid’s parents. (I wish it were different, as that might put a leash on our...
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Additional Point on Barnes v. Yahoo: Section 230 is an Affirmative Defense
Past First Amendment Bad Ass Award winner, Paul Alan Levy, points out that the recent Barnes v. Yahoo case has some notable dicta: The 9th Circuit said that Section 230 is an affirmative defense, and...
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