Debevoise Data Blog

DECEMBER 31, 2021

In June 2020, Debevoise’s Data Strategy and Security practice group launched the Debevoise Data Blog , where we regularly publish our insights on developments and trends in cybersecurity, artificial intelligence, and privacy.

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State law Court Legal technology Legal technology 52

Legal Talk Network

NOVEMBER 3, 2020

On Legal Talk Today , Ohio State Law Prof. Foley, author of “ Presidential Elections and Majority Rule ” and “ Ballot Battles: The History of Disputed Elections in the United States ,” walks listeners through the history of contested elections and possibilities stemming from Election 2020.

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State law Court Lawyer Law 52

Inside Privacy

FEBRUARY 21, 2024

As mentioned above, a court or regulator could decide that another term (not listed in the Data Act) is unfair because, for example, it is contrary to “good faith and fair dealing”. However, the list of Unfair Clauses in the Data Act is not exhaustive.

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Compliance Court State law Law 57

Debevoise Data Blog

JANUARY 17, 2025

Data Protection Authority powers: The European Court of Justice (CJEU) has ruled that Data Protection Authorities are not obliged to exercise corrective powers in the event of a breach. The German courts referred the interpretation of GDPR to the CJEU.

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Data protection Compliance Court State law 52

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. 1:20-CV-1084-JES-JEH, 2020 WL 5118035 (C.D. See, e.g., Figueroa v.

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Debevoise Data Blog

JANUARY 24, 2023

In addition, as the United States Supreme Court considers the bounds of what constitutes a “transformative” purpose for the sake of fair use, the legal landscape on this issue may shift. Of course, for a takedown notice to be an effective means of removing a deepfake, there must actually be copyrighted material at issue.

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Court e-filing Lawsuit State law 52

Berkley Technology Law Journal

JULY 9, 2022

Much of Professor Van Houweling’s research focuses on copyright law’s implications for new information technologies. And it’s not entirely clear yet whether courts will consistently enforce, as a writing, something as easy to do as click “I agree,” for example. My guess is that the answer to that will typically be, “yes.”

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Intellectual Property Law Law Court 52

Debevoise Data Blog

OCTOBER 26, 2021

Federal and State Legislation There is currently no federal law that specifically regulates biometric privacy. Among other proposed federal legislation, the National Biometric Information Privacy Act of 2020 died in Congress last year. In public settings, displaying notices that biometric data collection is occurring.

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Compliance Federal law Data protection Machine learning 52

Debevoise Data Blog

JANUARY 13, 2025

But courts may take divergent paths on those issues, especially given the fact-specific nature of many of the plaintiffs challenges, which depend not only on their specific claimed rights but also on the way each AI company has trained their model and how those models function. Showing Substantial Similarity of Generative AI Outputs.

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Litigation Litigator Intellectual Property Defendant 52

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. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

JUNE 7, 2023

The court treats this as a surprisingly easy Section 230 case and dismisses the case. Twitter , the court disagrees: Unlike in Lemmon and Roommates.com , the harm Plaintiffs allege here doesn’t flow from a design defect. ” The plaintiffs also sued Google and Apple for carrying Snap in their app stores. Next stop: the 9th Circuit.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

MAY 5, 2023

” My post tried to translate this statement: Underneath this anodyne conclusion, the court is impliedly making two key points: (1) users’ activities do not contribute to evaluating the defendant’s 1591 exposure, and (2) the applicable scienter to get around 230 is 1591’s “actual knowledge” requirement.

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Justia Legal Marketing & Technology blog

MARCH 12, 2024

Federal and state laws provide important rights in the workplace. However, the laws can be complex, and employees may not always know the full scope of their rights. The Employment Law Center in the Justia Legal Guides aims to inform and empower them. Justia provides a 50-state survey on these laws.

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Workers Compensation Law Law Federal law 94

Eric Goldman

JULY 26, 2024

On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. The court summarizes the facts: Plaintiff alleges she was trafficked as a minor and her traffickers filmed her while she was engaged in sex acts. . The court says Section 230 preempts it in this case. The Lemmon v.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. Puppies, 2020 Ariz. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Superior Ct.

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Defendant Failure-to-appear Court Lawsuit 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. Taamneh case. Reddit, Inc. ,

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Lawsuit Court Defendant Hearing 97

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Salesforce invoked the Fifth Circuit’s Doe v.

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Eric Goldman

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” Finally: in passing, the court says “Her trafficker was convicted in a criminal trial and sentenced to 40 years in prison.”

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Eric Goldman

DECEMBER 16, 2024

The appellate court refers to Doe’s behavior as “ capping.” The court dismissed the case on Section 230 grounds. Knowing CSAM Possession The district court dismissed the CSAM civil claim on Section 230 grounds. The 11th Circuit affirms, but relies only partially on Section 230 grounds.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

DECEMBER 29, 2023

The court holds that Section 230 applies to the claims. ” The court responds that “Grindr’s match function relies on and publishes a user’s profile and geolocation data, which is third-party content generated by the user.” The court rejects Doe’s attempted Lemmon v. ICS Provider. Publisher/Speaker Claims.

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Lawsuit Court Defendant Failure-to-appear 98

Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. The Divorce center also contains 50-state surveys on uncontested divorce , alimony , and property division. armed forces.

Intellectual Property 52

Intellectual Property Workers Compensation Bankruptcy Estate planning 52

Eric Goldman

SEPTEMBER 27, 2024

Having manufactured the requirement of that the claim must be based on “particular” content to trigger Section 230, the court says none of the claims do that. ” I’d love for the court to explain how blocking users from contacting each other on apps differs from “content moderation.”

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Court Lawsuit Judge Defendant 105

Eric Goldman

NOVEMBER 9, 2024

The plaintiffs claim that IXL “collected and monetized the data of millions of school-age children who used the IXL platform without parental consent,” in violation of the ECPA and state law. The FTC reinforced this non-prohibition in a 2020 blog post). In any case, the court easily rejects this argument.

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Court Lawsuit State law Litigator 52

Debevoise Data Blog

JANUARY 14, 2022

A CID is a type of Commissioner-authorized subpoena, enforceable in court, that subjects the recipient to a number of formalized processes and timelines. FTC unanimously held that Section 13(b) of the FTCA does not grant the FTC authority to obtain monetary remedies in federal court. 18] In FTC v. Shire ViroPharma, Inc. ,

Compliance 52

Compliance Court Litigation Litigator 52

Eric Goldman

NOVEMBER 10, 2024

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). The court dismisses OnlyFans per Section 230. ” The plaintiff also claimed that “augmenting” content turned a defendant into an ICP, but the court disagrees.

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Defendant Lawsuit Failure-to-appear Court 117

Eric Goldman

DECEMBER 23, 2024

To the extent that courts have acknowledged this issue, they have presumed that everyone knew Backpage was providing illegal services to sex traffickers. So for purposes of a motion to dismiss, courts can simply assume the upstream violations. Add Section 230 into the mix and tertiary liability looks even weirder.

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