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VOICE ARCHIVE

Jeff Kosseff

@jkosseff
56 posts
2023-11-15
Just skimming this opinion and it is a real illustration of the shift in 230 caselaw post-Omegle and Snap opinions. These are the product defect claims that the court concluded are not covered by 230. [image]
2023-11-15 View on X
Reuters

A US judge rejects efforts by Alphabet, ByteDance, Meta, and Snap to dismiss hundreds of lawsuits accusing them of enticing and addicting children to their apps

A federal judge on Tuesday rejected efforts by major social media companies to dismiss nationwide litigation accusing …

2023-05-19
Between her statements at oral argument and her concurrence in Taamneh, it sounds like Justice Jackson would very much like to revisit the lower courts' interpretation of 230.
2023-05-19 View on X
Techdirt

A look at SCOTUS' rulings on Gonzalez v. Google and Twitter v. Taamneh and why explanations given for Section 230's existence could bode well for the Internet

Our long national wait for how the Supreme Court would rule regarding Section 230 is over, and the answer is... we need to keep waiting.

Between her statements at oral argument and her concurrence in Taamneh, it sounds like Justice Jackson would very much like to revisit the lower courts' interpretation of 230.
2023-05-19 View on X
CNN

SCOTUS declines to address Section 230 protections in Gonzalez v. Google and shields Twitter from liability for terror-related content in Twitter v. Taamneh

2023-05-10
I read an advance copy of this book by @scottjshapiro and the entire book is this good. Looking forward to assigning it next semester. https://twitter.com/...
2023-05-10 View on X
The Guardian

A profile of Dark Avenger, a pseudonymous PC virus writer from Bulgaria who gained notoriety in the 1990s after the country became known as the “virus factory”

Bulgaria in the 1980s became known as the ‘virus factory’, where hundreds of malicious computer programs were unleashed to wreak havoc. Tweets: @realhackhistory , @jkosseff , @scot...

2023-02-22
This, from @ericgoldman, captures what I think was the biggest sticking point for the justices today. They seem to want 230 to only apply to “neutral” algorithms, but defining neutrality is a tough task because algorithms are not neutral. https://blog.ericgoldman.org/ ... https://twitter.com/...
2023-02-22 View on X
Technology & Marketing Law Blog

Takeaways from the Gonzalez v. Google oral arguments: the justices did not engage much with Gonzalez's weak core arguments after their initial dismantling

I'm going to crank this blog post out before I get swamped with press requests.  My takeaways:  — I did not hear 5 votes in favor of the plaintiffs' position.

For that reason, I had expected petitioners to distinguish between personalized and nonpersonalized content (which would have its own problems). But...that's not what happened.
2023-02-22 View on X
Technology & Marketing Law Blog

Takeaways from the Gonzalez v. Google oral arguments: the justices did not engage much with Gonzalez's weak core arguments after their initial dismantling

I'm going to crank this blog post out before I get swamped with press requests.  My takeaways:  — I did not hear 5 votes in favor of the plaintiffs' position.

For that reason, I had expected petitioners to distinguish between personalized and nonpersonalized content (which would have its own problems). But...that's not what happened.
2023-02-22 View on X
Washington Post

A recap of oral arguments before SCOTUS in Gonzalez v. Google, where justices appeared to struggle to define where Section 230's legal shield should end

The Supreme Court on Tuesday heard oral arguments in Gonzalez v. Google, a lawsuit that could shift the foundations of internet law.

This, from @ericgoldman, captures what I think was the biggest sticking point for the justices today. They seem to want 230 to only apply to “neutral” algorithms, but defining neutrality is a tough task because algorithms are not neutral. https://blog.ericgoldman.org/ ... https://twitter.com/...
2023-02-22 View on X
Washington Post

A recap of oral arguments before SCOTUS in Gonzalez v. Google, where justices appeared to struggle to define where Section 230's legal shield should end

The Supreme Court on Tuesday heard oral arguments in Gonzalez v. Google, a lawsuit that could shift the foundations of internet law.

2022-08-24
This is very bad, particularly in light of the 2011 FTC agreement. I'm sure that we'll hear more in the next few months. https://twitter.com/... https://twitter.com/...
2022-08-24 View on X
Washington Post

Whistleblower complaint: Twitter's ex-head of security Peiter Zatko alleges the company misled the FTC over its security plans, did not protect users, and more

This is very bad, particularly in light of the 2011 FTC agreement. I'm sure that we'll hear more in the next few months. https://twitter.com/... https://twitter.com/...
2022-08-24 View on X
Washington Post

A profile of Peiter Zatko, aka Mudge, who worked at DARPA, Google, and Stripe before Twitter, and was a member of hacker groups L0pht and Cult of the Dead Cow

From the L0pht and Cult of the Dead Cow to DARPA and Google, Peiter ‘Mudge’ Zatko took unorthodox approaches to ‘make a dent in the universe’

2022-08-23
This is very bad, particularly in light of the 2011 FTC agreement. I'm sure that we'll hear more in the next few months. https://twitter.com/... https://twitter.com/...
2022-08-23 View on X
Washington Post

Whistleblower complaint: Twitter's ex-head of security Peiter Zatko alleges the company misled the FTC over its security plans, did not protect users, and more

In an explosive whistleblower complaint obtained by The Washington Post, former Twitter security chief Peiter ‘Mudge’ Zatko alleges …

2022-06-30
In recent days there has been understandable concern about states or Congress passing laws that restrict speech that facilitates abortion, and the safeguards that could prevent civil or criminal liability. Here is a brief thread about how Section 230 fits into that discussion.
2022-06-30 View on X
Wired

Section 230 is the last line of defense for online abortion speech, without which platforms could face legal liability for distributing abortion information

Dobbs should be a wake-up call for anyone seeking to undercut the immunity protections afforded by Section 230 of the Communications Decency Act.

2022-06-06
Australia is the test kitchen for the absolute worst tech policy recipes. https://www.theguardian.com/ ...
2022-06-06 View on X
The Guardian

A federal judge in Australia orders Google to pay an ex-politician $715K for doing “nothing to prevent” YouTuber Friendlyjordies' “abusive” videos about him

Tech giant and comedian Jordan Shanks may face contempt of court charges over videos published during trial

2022-05-14
@AriCohn So it's in ... Alito's hands?
2022-05-14 View on X
Washington Post

Two groups representing Meta, Google, and others ask SCOTUS to block Texas' social media law prohibiting content moderation, arguing the law is unconstitutional

The emergency application follows a surprise ruling in a lower court Wednesday that allowed the law to take effect

2022-04-18
This sort of reality-based nuance is perhaps a bit more useful than the million hot takes of the past week. https://twitter.com/...
2022-04-18 View on X
Techdirt

Musk's free speech definition is utter nonsense and his suggestions for Twitter completely ignore decades of content moderation iteration on social platforms

from the not-how-any-of-this-works dept  —  Lots of talk yesterday as Elon Musk made a hostile takeover bid for all of Twitter.

2022-04-17
This sort of reality-based nuance is perhaps a bit more useful than the million hot takes of the past week. https://twitter.com/...
2022-04-17 View on X
Techdirt

Musk's free speech definition is utter nonsense and his suggestions for Twitter completely ignore decades of content moderation iteration on social platforms

from the not-how-any-of-this-works dept  —  Lots of talk yesterday as Elon Musk made a hostile takeover bid for all of Twitter.

2022-02-11
This was a big deal. SCOTUS recognized that obscenity is not 1A-protected. But imposing strict liability on the *distributor* of obscene material, SCOTUS ruled, would chill protected speech. The key reasoning: https://twitter.com/...
2022-02-11 View on X
Techdirt

Senator Blumenthal admits the EARN IT Act won't “offer a blanket exemption to using encryption as evidence”, after denying for two years it targets encryption

Senator Richard Blumenthal has now admitted that EARN IT is targeting encryption, something he denied for two years, and then just out and said it.

Today's EARN IT Act markup had a lot of discussion about what mens rea would be necessary for platforms to face civil liability for distributing CSAM. The discussion wasn't terribly clear, so I'm going to try to break down what we do know about the legal standards.
2022-02-11 View on X
Techdirt

Senator Blumenthal admits the EARN IT Act won't “offer a blanket exemption to using encryption as evidence”, after denying for two years it targets encryption

Senator Richard Blumenthal has now admitted that EARN IT is targeting encryption, something he denied for two years, and then just out and said it.

There was some discussion about EARN IT only leading to liability for platforms that have knowledge that they are distributing CSAM. That would be the case if it only covered federal civil CSAM actions. But it also creates a carve-out for state CSAM laws.
2022-02-11 View on X
Techdirt

Senator Blumenthal admits the EARN IT Act won't “offer a blanket exemption to using encryption as evidence”, after denying for two years it targets encryption

Senator Richard Blumenthal has now admitted that EARN IT is targeting encryption, something he denied for two years, and then just out and said it.

Today's EARN IT Act markup had a lot of discussion about what mens rea would be necessary for platforms to face civil liability for distributing CSAM. The discussion wasn't terribly clear, so I'm going to try to break down what we do know about the legal standards.
2022-02-11 View on X
The Verge

The Senate Judiciary Committee advances the EARN IT Act, targeting Section 230 sexual exploitation content protections, despite numerous free speech concerns

Russell Brandom / The Verge :