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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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More Chaos in the Law of Online Contract Formation

Eric Goldman

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. Citing Sellers v.

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

Eric Goldman

Not unreasonably, lawyers continue to view this language from the 9th Circuit as an invitation to explore the possibility that somewhere in the law is an affirmative right to scrape public data. 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

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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. Background Banking organizations already are subject to reporting obligations of cyber events and data breaches under applicable federal and state laws. breach reporting scheme. Below we provide context for the Proposed Rule and outline its key features.

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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

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No. 21-869 (May 18, 2023). 569 (1994).

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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.