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

Berkley Technology Law Journal

Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. On July 18, 2024, Judge Paul Englemayer dismissed most of the Securities and Exchange Commission (SEC)s landmark cyber enforcement case against SolarWinds Corp.

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Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. addiction and Plaintiffs injuries.

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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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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. Strict Products Liability.

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Another TOS Formation Failure in the 9th Circuit–Godun v. JustAnswer

Eric Goldman

The term “advisal” appears 29 times in this opinion, which confused me on two fronts. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once. First, the term is not standard for this litigation genre.

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Addiction Lawsuit Against Character AI Can Proceed–Garcia v. Character Technologies

Eric Goldman

That, combined with the novelty of Generative AI and the judge’s uncertainties about the technology, flummoxes the judge. Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. What happens at the end of these lawsuits remains to be seen. and Google.

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Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr

Eric Goldman

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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