Debevoise Data Blog

OCTOBER 18, 2021

And what’s a company to do right now, with facial recognition opportunities presenting themselves today while the law remains a moving target? In this Part 1, we lay out the current laws governing facial recognition in the United States. The Patchwork of Current Facial Recognition Privacy Laws A.

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Law Law Court Time-tracking 52

Advocate's Studio

OCTOBER 15, 2018

Following on the parking ticket win, Josh added new beta functionality to the app in 2017 on the heels of the massive Equifax data breach – he apparently also was swept up into the breach (notice a trend here?). Does DoNotPay violate state laws on the unauthorized practice of law?

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Lawyer Hearing Court Legal advice 52

Debevoise Data Blog

JANUARY 12, 2021

Background Banking organizations already are subject to reporting obligations of cyber events and data breaches under applicable federal and state laws. At the state level, some banking organizations are subject to more recent and specific reporting requirements. Many other states’ laws are modeled on California’s law.

Failure-to-appear 52

Failure-to-appear State law Law Law 52

Eric Goldman

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Longarzo * Another 512(f) Case Fails–Handshoe v.

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Time-tracking Court Defendant Case predictions 105

Eric Goldman

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Longarzo * Another 512(f) Case Fails–Handshoe v.

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Federici * Biosafe-One v.

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Court State law Litigator Litigation 111

Eric Goldman

AUGUST 16, 2023

“Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Powerwand Inc.

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State law Court Litigator Litigation 75

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. Twitter appeared first on Technology & Marketing Law Blog. If you’re new to FOSTA cases and you are baffled by the layers of inferences and arguments here, you are definitely not alone.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 5, 2023

US (Guest Blog Post) * Catching Up on FOSTA Since Its Enactment (A Linkwrap) * More Aftermath from the ‘Worst of Both Worlds FOSTA’ * ‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration * Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)–Florida Abolitionists v.

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Lawsuit Defendant Court e-filing 111

Berkley Technology Law Journal

DECEMBER 24, 2022

The BTLJ Podcast team sits down with ACLU Senior Staff Attorney Matt Cagle to discuss the use of automated license plate readers (ALPRs) by police departments and other law enforcement entities. Podcast Transcript: [Tiffaney] 0:12 You’re listening to the Berkeley Technology Law Journal Podcast. I’m Tiffaney Boyd.

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Attorney Law Law Time-tracking 100

Eric Goldman

JUNE 7, 2023

The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'” Portman Says SESTA Doesn’t Affect the Good Samaritan Defense.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

NOVEMBER 30, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Weiner * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Defendant 75

Defendant Court State law Lawsuit 75

Eric Goldman

JULY 26, 2024

Here, if the law recognized the illegality of “possessing” illegal content, then the upload could create its own legally recognizable harm even if it’s never meant for, or made available for, downloading. WebGroup Czech Republic appeared first on Technology & Marketing Law Blog. The Lemmon v.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior.

Lawsuit 97

Lawsuit Court Defendant Hearing 97

Eric Goldman

DECEMBER 16, 2024

US (Guest Blog Post) * Catching Up on FOSTA Since Its Enactment (A Linkwrap) * More Aftermath from the Worst of Both Worlds FOSTA * Worst of Both Worlds FOSTA Signed Into Law, Completing Section 230s Evisceration * Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)Florida Abolitionists v.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

JUNE 9, 2024

Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. Backpage appeared first on Technology & Marketing Law Blog. Wielding those arguments should help Doe get around Section 230, though the case should then fail for other reasons. Portman Says SESTA Doesn’t Affect the Good Samaritan Defense.

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

MAY 2, 2024

The court says the claim fails on its prima facie elements because “Plaintiffs have failed to establish that Salesforce had constructive knowledge that Backpage violated relevant sex-trafficking laws as to Plaintiff.” Google LLC , 2024 WL 1892291 (N.D. April 29, 2024). The complaint. This case started in W.D.

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Lawsuit Defendant Court Judge 96

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.

Lawsuit 64

Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

DECEMBER 29, 2023

US (Guest Blog Post) * Catching Up on FOSTA Since Its Enactment (A Linkwrap) * More Aftermath from the ‘Worst of Both Worlds FOSTA’ * ‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration * Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)–Florida Abolitionists v.

Lawsuit 98

Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

APRIL 8, 2025

The court also awards a default judgment for tortious interference based on bogus takedown notices, despite the many cases holding that 512(f) preempts state law equivalents (including the Hyphy case below). Benjamin * How Have Section 512(f) Cases Fared Since 2017? Weiner * Fair Use Its the Law (for what its worth)Lenz v.

Defendant 52

Defendant Court Lawsuit State law 52

Eric Goldman

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Kilgore , 2024 WL 5295080 (W.D.

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Court Judge Defendant Case predictions 40

Eric Goldman

SEPTEMBER 27, 2024

The court’s statement implicates Internet Law Exceptionalism 101, and this judge–who was so thorough in other discussions–oddly chose to ignore this critical question. The Florida federal court might also apply Florida state law, which includes the old Doe v. and other minors.

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Court Lawsuit Judge Defendant 105

Eric Goldman

FEBRUARY 8, 2025

” “The law is clear that a service provider doesn’t shed Section 230 immunity when it neutrally promotes all its users content in the same way (as Fenix allegedly did here).” Fenix appeared first on Technology & Marketing Law Blog. Portman Says SESTA Doesnt Affect the Good Samaritan Defense.

Defendant 59

Defendant Lawsuit Judge Court 59

Eric Goldman

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Tam (2017) and Iancu v.

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Court Law Law Failure-to-appear 106

Eric Goldman

NOVEMBER 10, 2024

The court responds: “Pointing to persuasive case law, Fenix contends that Plaintiff’s allegations far well short of what is needed to overcome CDA immunity. Mindgeek , but the court says that’s “bad law” following the Reddit decision. The plaintiff cited Doe v.

Defendant 117

Defendant Lawsuit Failure-to-appear Court 117

Eric Goldman

DECEMBER 23, 2024

If so, many vendors will be pressured not to accept lawful engagements with paying customers because they would face impossible-to-manage potential liability exposure. * * * Despite the serious problems with tertiary liability in Section 230 cases, the courts have entertained it. Note: the opinion was written by Trump 1.0-appointed

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Defendant Court Lawsuit Judge 59