Eric Goldman

DECEMBER 26, 2023

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Where the motion to dismiss concerns questions of law, additional discovery is not required.

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Debevoise Data Blog

SEPTEMBER 25, 2024

There are two grounds for obtaining such a warrant: The Information Commissioner has reasonable grounds to suspect that either: a data controller has failed to comply with certain requirements under the Data Protection Act 2018 (“DPA 2018”) or UK GDPR, covering nearly all substantive obligations; or an offence under DPA 2018 has been committed (e.g.,

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Debevoise Data Blog

NOVEMBER 24, 2020

The Ticketmaster penalty notice states that on 10 February 2018, an attacker injected malicious code into a customer service “chatbot” used on Ticketmaster websites, including payment processing pages. The malicious script was active between 10 February 2018, and 23 and 24 June 2018, when the chatbot was disabled.

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Debevoise Data Blog

APRIL 14, 2021

In addition to the $3 million fine, National Securities must undertake various risk-mitigation measures in an effort to prevent future incidents. In addition to the $3 million fine, National Securities must undertake various risk-mitigation measures in an effort to prevent future incidents.

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Debevoise Data Blog

JANUARY 21, 2021

million against telecommunications operator TIM for unsolicited marketing calls £20 million against British Airways for its 2018 data breach £18.4 million against Marriott for its 2018 data breach When you dig deeper though, two key points emerge. Meaningful differences in DPAs’ enforcement agendas may, therefore, be emerging.

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Simple Legal

MARCH 15, 2023

Last year, Gartner reported that in 2022 “58% of all legal departments have a legal operations manager, which is a 75% increase from 2018.” Last year, Gartner reported that in 2022 “58% of all legal departments have a legal operations manager, which is a 75% increase from 2018.” What do you see legal ops focusing on in 2023?

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Debevoise Data Blog

OCTOBER 12, 2021

million fine against Austrian Post for channelling electronic data protection-related inquiries to a web form and not offering an additional email address, irrespective of the data subject option to also use non-electronic postal mail or customer service. These developments, and more, covered below. Standard Contractual Clauses).

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Debevoise Data Blog

NOVEMBER 21, 2023

Key takeaways from October include: Employee monitoring: Following new guidance issued by the UK ICO, employers may want to review their existing employee monitoring to ensure it meets the regulator’s latest expectations, including ensuring that any monitoring is necessary, proportionate, and conducted transparently.

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Debevoise Data Blog

NOVEMBER 4, 2024

The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.

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Eric Goldman

JUNE 20, 2023

[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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Eric Goldman

JUNE 7, 2023

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Eric Goldman

JUNE 9, 2024

The court dismisses the case but gives the plaintiff the chance to amend the complaint to plead failure-to-warn and negligent design–because those arguments show up in virtually every 230 case now. . § 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.”

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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Eric Goldman

FEBRUARY 18, 2025

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.”

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Eric Goldman

DECEMBER 29, 2023

Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

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Eric Goldman

SEPTEMBER 27, 2024

Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230 at this point? District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct.

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Eric Goldman

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? VIP Products (2023) opinion and its other trademark cases.

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Debevoise Data Blog

MARCH 16, 2023

On March 2, 2023, the White House Office of the National Cyber Director (“ONCD”) released the Biden Administration’s (the “Administration”) long-awaited National Cybersecurity Strategy (the “Strategy”), the first since the Trump Administration’s strategy was issued in September 2018. Early reaction to the Strategy is largely favorable.

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Eric Goldman

MAY 26, 2025

Another lengthy blog post rounding up cases from the past few months involving CSAM or commercial sex and Section 230/FOSTA. May 6, 2025) Prior blog posts ( 1 , 2 ). MG Freesites, Ltd., 2025 WL 1314179 (N.D. The case got reassigned to a new judge, and Pornhub requested permission to make an interlocutory appeal. TikTok ruling.

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Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.

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