After the presentation of a general “European Approach to Artificial Intelligence” by the EU Commission in March 2021, a detailed draft regulation aimed at safeguarding fundamental EU rights and user safety was published today (“Draft Regulation”). The Draft Regulation’s main
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Ninth Circuit’s Snap Decision Limits Section 230 Immunity
A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides broad immunity to the owners and operators of websites and mobile apps, that…
Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally…
Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.
We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent…
Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use
In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online contract containing…
Two Great New Blogs!
Morrison & Foerster’s Appellate Group has created two unique blogs containing invaluable information:
The Federal Circuitry blog takes a data-driven look at the Federal Circuit; and
The Left Coast Appeals blog offers an empirical window into the Ninth Circuit’s workings,…
Social Links: Internet law under Biden; new tech-laws around the world; the UK’s Endorsement Guides
Experts anticipate that the incoming Biden administration will be tough on tech. What does that mean for the future of §230 of the Communications Decency Act? The antitrust suit against Google? This NPR piece makes some predictions.
Human rights activists…
Social Links: Avoid becoming a social-media-scam victim; does stream-ripping site violate copyright law?
Reports of social media scams that have caused users to lose money had tripled by the end of 2020’s second quarter, resulting in the loss of $117 million during the first two quarters of this year alone. Romance scams and…
S.D.N.Y. Dismisses Defamation Case Arising Out of “Battle by Tweet”
In Ganske v. Mensch, a defamation suit stemming from a “battle by Tweet,” a federal district court in New York held that the allegedly defamatory statements in the defendant’s Tweet were nonactionable statements of opinion and dismissed the case.…
Avoiding Claims Under the Computer Fraud and Abuse Act in Connection with Software and Firmware Updates
A 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…