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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

On July 18, 2024, Judge Paul Englemayer dismissed most of the Securities and Exchange Commission (SEC)s landmark cyber enforcement case against SolarWinds Corp. By Gaurav Lalsinghani, J.D. Tasked with overseeing a firms cybersecurity posture, CISOs stand on the front lines of a corporations digital defense.

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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

” [The $2,500 amount was suggested by the presiding judge at a settlement conference, which the defendant turned into an offer of judgment.] Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. The New York Post story.

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Section 230 Preempts Product Design Claims–Lama v. Meta

Eric Goldman

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. Facebook , Herrick v. Grindr , Cohen v. Third-Party Content.

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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Eric Goldman

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

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Snapchat Isn’t Liable for Offline Sexual Abuse–VV v. Meta

Eric Goldman

Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Eric Goldman

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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