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Defamation Communications Decency Act Online Platforms

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Benesch

The Potential Applicability of Section 230 of the Communications Decency Act in Search Engines in the AI Age

Benesch on

In the ever-evolving landscape of artificial intelligence (AI), the integration of AI into search engines has marked a significant shift. Recent announcements from major tech events such as Apple’s WWDC 2024 and Google I/O...more

Haight Brown & Bonesteel LLP

Double Check Your Work: Online Content Creators Who Use Defamatory Material From a Third Party May Not Be Protected By the...

In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint...more

Morrison & Foerster LLP - Social Media

Part 2(B) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Morrison & Foerster LLP - Social Media

Part 2(A) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Pillsbury Winthrop Shaw Pittman LLP

Will Generative AI Create a Break in the Impenetrable Wall That Is Section 230?

Notwithstanding the robust protection it provides in many other contexts, Section 230 may not protect online platforms developing generative AI systems from legal liability arising from false information produced by their...more

Dorsey & Whitney LLP

Russia, Neighbors, and a Copyright-protected Social Media Post = Fair Use?

Dorsey & Whitney LLP on

​​​​​​​What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit...more

Spilman Thomas & Battle, PLLC

Trump vs. Twitter: The Feud Over Section 230 and Online Censorship

As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...more

K&L Gates LLP

Digital Crisis PR: Dealing with Negative Online Reviews

K&L Gates LLP on

Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

K&L Gates LLP on

Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Proskauer - New Media & Technology

In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online...

In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take...more

White and Williams LLP

Clever Lawyering Does Not Thwart Communications Decency Act Immunity

White and Williams LLP on

Despite a recent trend indicating that it might be on life support, immunity under the Communications Decency Act (CDA) remains alive and kicking, at least in California. Based on Section 230 of the CDA, on July 2, 2018, the...more

BCLP

Online Review Website Cannot Be Forced To Remove Defamatory Posts

BCLP on

The California Supreme Court ruled that an online publisher cannot not be forced by a court to remove a third-party post that was judicially determined to be defamatory. The 4-3 ruling by the California Supreme Court, issued...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules That Section 230 of Communications Decency Act Prevents Courts from Ordering Online Services to...

On July 2, 2018, the California Supreme Court issued its long-awaited decision in Hassell v. Bird, a case that challenged the federal statutory immunity that online services have traditionally enjoyed under 47 U.S.C. Section...more

Verrill

Take That Down: Recent Lawsuit on Negative Reviews

Verrill on

“Beer: The cause and solution to all of life’s problems.” Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor...more

Orrick - Trade Secrets Group

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Lewitt Hackman

Online Negativity: How to Fight Back

Lewitt Hackman on

The internet is a powerful channel for communication, with great strengths compared to other media. It has been referred to as the "largest public space in human history”. Internet communications can reach an unlimited...more

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