Litigation

New Law Weakens Section 230 Immunity

April 18, 2018 | 0 Comments

Two events may change the rules for interactive website operators: (1) the FBI seizing Backpage.com and (2) the enactment of SESTA/FOSTA, amending CDA Section 230 immunity. The FBI’s seizure of Backpage.com, an online classifieds site...

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The Ninth Circuit has held that a free-to-play virtual casino app offering in-app purchases of virtual chips for continued gameplay may constitute illegal gambling under Washington state law. Churchill Downs, the defendant, operates a free-to-download...

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A United States District Court granted summary judgment to the FBI in a FOIA action brought by the AP, USA Today, and Vice, seeking disclosure of the name of the vendor the FBI used to...

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Last year, the Supreme Court vacated the Ninth Circuit’s 2014 ruling that plaintiff Thomas Robins had Article III standing to bring his Fair Credit Reporting Act (“FCRA”) action against background check company Spokeo, Inc. The...

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Video games have come a long way. While nostalgic gamers still have a soft spot for classic games like Asteroids, modern gamers value next-generation graphics and gameplay. The creators of NBA 2K responded to this...

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Thanks to the Internet, consumer reviews have grown both more ubiquitous and more influential in recent years. Likely in reaction to that trend, there have been a number of publicized examples of businesses attempting to...

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Can a person sue a company for a technical violation of a statutory right that does not cause actual concrete injury? This question has significant ramifications, as Article III’s standing requirements affect the viability of...

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Without mentioning, much less examining, the inconsistent outcomes and rationales of numerous other courts to have confronted the issue (see here here and here for our analysis of some of those decisions), the Sixth Circuit...

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The cost of fraud prevention services, fraudulent credit card charges, and time spent monitoring for fraudulent activity are sufficient to confer standing upon data breach victims, or so says the Seventh Circuit. In its second...

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The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved a circuit...

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