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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range. By Gaurav Lalsinghani, J.D.

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Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

The court summarizes the plaintiffs’ allegations: D.G. Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s The court dismisses Roblox, Google, and Apple from the case. Plaintiffs further allege that D.G.s

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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

The court dismisses the case entirely with leave to amend. The court responds: “Plaintiffs do not clearly identify the ‘product’ at issue or the ‘design defect’ it allegedly contains.” These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation.

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Another TOS Formation Failure in the 9th Circuit–Godun v. JustAnswer

Eric Goldman

JustAnswers’ TOS formation process was rejected in the California state courts. It fares no better in federal court. The term “advisal” appears 29 times in this opinion, which confused me on two fronts. The term “advisal” appears 29 times in this opinion, which confused me on two fronts.

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Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)

Eric Goldman

Thats the basis for a recent opinion from a Florida federal district court that could have major implications for online services CSAM detection and reporting practices. Now, however, a district court decision suggests that providers can no longer take it for granted that they wont face liability for reporting non-CSAM.

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Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr

Eric Goldman

The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. ” BTW, I disagree with the court’s summation of the Internet Brands case; I feel the Ninth Circuit got that one wrong because that case was always about third-party content.

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TikTok Defeats Lawsuit Over User’s Suicide–Nasca v. Bytedance

Eric Goldman

The court summarizes: The plaintiffs commenced this action in connection with the death by suicide of 16 year old Chase Nasca on February 18, 2022 after he walked in front of a train. April 14, 2025). TikTok defended on Section 230 grounds. Among other points, the plaintiffs argued that TikTok should have age authenticated all users.

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