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CPPA Proposed Rulemaking Package Part 3 – Privacy Requirements

Debevoise Data Blog

The CPPA published revisions to its Draft Regulations in preparation for the May 1, 2025 CPPA Board meeting, which have been incorporated in this Part 3. The CPPA published revisions to its Draft Regulations in preparation for the May 1, 2025 CPPA Board meeting, which have been incorporated in this Part 3.

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

Eric Goldman

The term “advisal” appears 29 times in this opinion, which confused me on two fronts. First, the term is not standard for this litigation genre. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once.

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

Eric Goldman

The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. Strict Products Liability.

Court 59
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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

Less distressing but equally true (if only marginally less dated a cultural reference) is that the Internet is for porn. While online services inevitably get used for both types of content, service providers tend to treat them very differently, given that adult pornography is generally legal in the U.S. whereas CSAM is illegal everywhere.

Lawsuit 52
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Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr

Eric Goldman

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.” and is “a description of its moderation policy.”

Lawsuit 64
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It’s Never the RICO–Loomer v. Zuckerberg

Eric Goldman

My blog post on the district court opinion (I focused on the 230 issue, but this ruling turns on the failure of the prima facie elements). The panel says wearily that “This action is Loomers fourth lawsuit about this alleged conspiracy” but sidesteps the obvious res judicata problem.

Lawsuit 52