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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Eric Goldman

When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. 301(a) , which preempts state laws “equivalent” to copyright.

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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Eric Goldman

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Massachusetts’ anti-SLAPP law is old-school and narrow, so Nextdoor didn’t have the option to invoke anti-SLAPP protection. ” The court cites Force v. Case Citation : Duffer v.

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Online Marketplace Defeats Lawsuit Over Murder–Roland v. Letgo

Eric Goldman

It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” That was an obviously problematic conclusion.

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Justia Legal Resources: 50-State Surveys

Justia Legal Marketing & Technology blog

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Justia Legal Guides: Consumer Protection Law Center

Justia Legal Marketing & Technology blog

This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group. Class actions must meet certain requirements under federal or state procedural rules. However, many federal and state laws allow Americans to stand up for themselves as well.

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Face Forward Part 2: Proposed Legislation and Strategies for Compliant Use of Facial Recognition

Debevoise Data Blog

In this part, we assess where the law seems to be heading and offer some practical risk reduction strategies. Federal and State Legislation There is currently no federal law that specifically regulates biometric privacy. No comprehensive and preemptive federal law seems likely to pass anytime soon.

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Face Forward: Strategies for Complying with Facial Recognition Laws

Debevoise Data Blog

State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy.

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