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Publications
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10.25.2023Federal Legislation Seeks To Change Online Child Safety Reporting Obligations and Impose Content Safety ObligationsUpdatesA significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation content, as well as require providers to implement notice and takedown mechanisms for certain CSE content.
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10.19.2023California Law Requires Platforms To Take More Action Against Child Sexual ExploitationBlogsCalifornia Governor Gavin Newsom recently signed AB 1394, a law that imposes new obligations on social media platforms to prevent and combat child sexual abuse and exploitation.
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06.01.2022Supreme Court Reinstates Injunction Against Texas Social Media LawUpdatesIn a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social media platforms” from engaging in “viewpoint” discrimination.
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Fall 2020A Law on the Cusp of Change?ArticlesThe Communications Decency Act, 47 U.S.C. § 230 (CDA) establishes that entities known as interactive computer service providers are not liable for (1) communications or content posted by people who use their services, (2) their services’ design or structure, or whether and how to allow people to have accounts, and (3) discretionary decisions about removing or restricting access to certain objectionable content.
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07.16.2019SCOTUS: Private Entities Operating Forums for Speech Are Not State ActorsBlogsAgainst the background of lawsuits and debate about the role of communications service providers in moderating speech on their platforms, the U.S. Supreme Court has weighed in, affirming that private entities that host forums for speech are not state actors subject to constitutional requirements.
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06.14.2019Texas Adds Fresh Ambiguity to Anti-SLAPP LawArticles
Law360
On June 2, Texas Gov. Greg Abbott signed H.B. 2730, aimed at limiting Texas’ anti-SLAPP (strategic lawsuit against public participation) law, the Texas Citizens Participation Act. -
04.24.2019European Parliament Approves Amendments to Draft “Terrorist Content” LegislationUpdatesThe European Parliament approved several amendments to the European Commission’s proposed Regulation on preventing the dissemination of terrorist content online on April 17, 2019.
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10.19.2018European Commission Publishes Proposed Regulation Governing Online “Terrorist Content”UpdatesThe European Commission recently published its draft “Regulation on preventing the dissemination of terrorist content online.”
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07.02.2012Unexpected Dismissal by Supreme Court Leaves Intact Ninth Circuit Decision Holding That Violation of a Statutory Right, Without Actual Damage, Confers Article III StandingUpdatesA Supreme Court decision long-awaited by the class action bar and businesses was a surprise non-event last Thursday when, seven months after hearing oral arguments in First American Financial Corp. v. Edwards, the Supreme Court issued an order dismissing the writ of certiorari in the case as improvidently granted. The Supreme Court's per curiam order, presented without reasoning, left intact the Ninth Circuit's holding that a plaintiff who pled a statutory violation but not actual damages had standing under Article III of the U.S. Constitution, which requires that a plaintiff has suffered a concrete “injury in fact.” The Supreme Court's decision means that, at least in the Ninth Circuit “[t]he injury required by Article III can exist solely by virtue of ‘statutes creating legal rights, the invasion of which creates standing.’”
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03.27.2012Class Action Complaints Strictly Interpret Privacy Policy RequirementsUpdatesSeveral class action complaints filed in recent months take a novel approach regarding the requirements for website privacy policies under California's "Shine the Light" law.
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01.11.2012California's Song-Beverly Act Does Not Apply to Kiosk TransactionsUpdatesOn January 6, 2012, the U.S. District Court for the Central District of California dismissed with prejudice Mehrens v. Redbox Automated Retail, LLC, a putative class action against Redbox alleging that Redbox violated California's Song-Beverly Credit Card Act by requesting ZIP codes and email addresses in connection with credit card transactions.
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02.15.2011California Supreme Court Rules That ZIP Codes Are "Personal Identification Information" Under Song-Beverly ActUpdatesOn February 10, 2011, the California Supreme Court held that a customer's ZIP code is "personal identification information" ("PII") under the California Song-Beverly Credit Card Act of 1971 and that businesses cannot request and record a customer's ZIP code during a credit card transaction.
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10.2009Mrazik Writes on Online AnonymityArticlesIn the featured article in E-Commerce Law Reports, Volume 9, Issue 4, Seattle associate Ryan Mrazik published an article examining Cohen v. Google Inc., in which a trial judge in New York state ordered Google to identify an anonymous person who had posted allegedly defamatory statements on a blog. Mrazik argues that the case was more about New York state civil procedures and the pleading requirements for defamation and less about the right to anonymous speech on the internet.
Presentations
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02.10.2017Kids Toys: Protecting Against Data Breaches and Legal Risk as Toys Connect to the InternetSpeaking EngagementsLitigation Seminar
DRIPresented about the legal requirements and risks associated with collecting and storing data from kids collected through internet-enabled toys. Covered the U.S. regulatory and enforcement framework related to information about and collected from kids, and current trends in related class action lawsuits. -
05.13.2016Nonparty Discovery from Online Service ProvidersSpeaking EngagementsInternet Law Leadership SummitProvided an overview of the legal framework for nonparty discovery from online service providers, and presented the latest case law developments on procedural issues such as jurisdiction, subpoena power, and subpoena enforcement; the statutory framework under the Stored Communications Act; and constitutional concerns under the First and Fourth Amendments.
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07.14.2011Accessing, Using, and Disclosing User Information under the Electronic Communications Privacy ActSeminarsMany interactive gaming platforms and sites provide users the ability to communicate with other users through chat or other messaging systems, or allow their users to store and process data in the service. The Electronic Communications Privacy Act ("ECPA") is the federal law that regulates how these types of services can access, use, and disclose information about their users and the communications users send through or store in the service. This session will provide a high-level overview of ECPA.
Virtual Currency Report
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SEC Approves 11 Spot Bitcoin Exchange-Traded Products
On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change due to the ruling in Grayscale Investments, LLC v. SEC, the SEC approved spot Bitcoin ETFs for ARK 21Shares, Invesco Galaxy, VanEck, WisdomTree*, Fidelity, Valkyrie,... Continue Reading…
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BarnBridge and its founders Tyler Ward and Troy Murray allegedly sold unregistered SMART Yield bonds, which the SEC considers crypto asset securities. Respondents also were charged with violations stemming from operating BarnBridge’s SMART Yield pools as unregistered investment companies. BarnBridge agreed to disgorge $1,457,000 from the sale and Ward and Murray agreed to civil penalties... Continue Reading…
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NYDFS Proposes Updates to Guidance for Listing and Delisting Digital Assets
What Happened? The New York Department of Financial Services (NYDFS or Department) released proposed updates to its guidance on the self-certification process for listing and delisting digital assets. It also announced significant changes to the Department’s “Greenlist” of vetted digital assets. This industry development affects companies that have received permission to engage in virtual currency... Continue Reading…
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The Federal Reserve’s Novel Activities Supervision Program: What Banks and Nonbanks Need to Know
Financial technology firms and certain banks and bank holding companies can expect to face increased scrutiny as the Board of Governors of the Federal Reserve System takes another step to stem risks related to crypto-assets, use of blockchain technology, and complex fintech partnerships with nonbanks to deliver financial services to customers. Through its newly announced... Continue Reading…
