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What is a “Social Media Platform”?–NetChoice v. Uthmeier

Eric Goldman

This is the post-SCOTUS remand of Moody v. To dispose of various motions, the court must construe the statutory term “social media platform.” ” Florida’s statutory definition: Social media platform means any information service, system, Internet search engine, or access software provider that: 1.

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After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Eric Goldman

by guest blogger Kieran McCarthy Last year, the most important case in the history of web scraping— hiQ Labs, Inc. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. Bright Data allegedly scraped Meta’s public data and sold it to its clients. Meta sent Bright Data a series of cease-and-desist notices telling it to stop.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.

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Banking Agencies Propose 36-Hour Data Breach Reporting Rules for Significant Incidents

Debevoise Data Blog

A 36-hour deadline appears to be one of the most rigorous timeframes of any U.S. In 2016, the Financial Crimes Enforcement Network (“FinCEN”) issued an advisory instructing financial institutions with SAR filing obligations to file SARs for cyber-events and cyber-enabled crime. breach reporting scheme.

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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

On January 27, 2017, five years from the filing of the complaint and 11 years after my failure to get the conflict waivers signed, I got a 60-day suspension from practicing law in the state of Iowa, effective immediately. Unfortunately, that’s something I know from personal experience. That is, not if you don’t allow it to become one.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Cyber Whistleblowers: Eight Lessons from the First False Claims Act Settlements

Debevoise Data Blog

The DOJ has identified three primary targets for its FCA enforcement efforts: (1) failure to comply with cybersecurity requirements; (2) misrepresentations of cybersecurity controls and practices; and (3) failure to report suspected data breaches in a timely manner as required by contract. On July 8, 2022, the U.S.