Section 230 of the Communications Decency Act, 47 U.S.C. §230 (“Section 230” or the “CDA”), enacted in 1996, is generally viewed as the most important statute supporting the growth of Internet commerce. The key provision of the CDA,
New Media and Technology Law Blog
The New Media and Technology Law Blog, published by Proskauer Rose LLP, focuses on legal issues at the intersection of technology, media, and emerging digital trends. It covers topics such as data licensing and restrictions, artificial intelligence and generative AI implications, privacy and cybersecurity regulations, online platform liability, electronic contracting and enforceability of website terms, and evolving state and federal data privacy laws. The blog also discusses recent court decisions affecting technology law, including interpretations of statutes like the Computer Fraud and Abuse Act and the Communications Decency Act. It serves as a resource for understanding how legal frameworks adapt to innovations in technology and digital media.
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Thoughtful Presentations of Terms of Use Crucial for Enforceability
Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently less attention…
Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information
Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. (“Envestnet”), which operates Yodlee, Inc. (“Yodlee”). (Wesch v. Yodlee Inc., No. 20-05991 (N.D. Cal. filed Aug. 25, 2020)). According…
Eclipsed by Evolving Law, Policy and Technology, Seminal Mobile Location Data Case Settled
This past week, the operator of the popular Weather Channel (“TWC”) mobile phone app entered into a Stipulation of Settlement with the Los Angeles City Attorney, Mike Feuer (“City Attorney”), closing the books on one of the first litigations to…
Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230
The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform.
On July 27, 2020, the Commerce Department submitted a petition…
hiQ Files Opposition Brief with Supreme Court in LinkedIn CFAA Data Scraping Dispute
Last week, hiQ Labs, Inc. (“hiQ”) filed its brief urging the Supreme Court to deny LinkedIn Corp.’s (“LinkedIn”) petition for a writ of certiorari in the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d…
The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers
Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to intense…
Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation
In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of insurance…
President Signs Executive Order Directing Agencies to Probe the Contours of CDA Immunity
President Trump signed an Executive Order today attempting to curtail legal protections under Section 230 of the Communications Decency Act (“Section 230” or the “CDA”). The Executive Order strives to clarify that Section 230 immunity “should not extend beyond its…
President to Unveil Executive Order to Address CDA Section 230 Protections
UPDATE: On the afternoon of May 28, 2020, the President signed the executive order concerning CDA Section 230. A copy/link to the order has not yet been posted on the White House’s website.
According to news reports, the…