Section 230

Feeding the Hand that Bites: Statutory Misinterpretation in the Name of Good

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One common criticism lodged by constructionist judges against some of their judicial brethren is that, in their quest for “fair” results, they often misinterpret or outright ignore the plain text of a statute.  The majority of a Tenth Circuit panel seems to have fallen into this trap in a recent case involving section 230 of the Communications Decency Act (“Section 230”), despite the admonit

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Ninth Circuit Amends Barnes v. Yahoo! Decision, Addresses Concerns Raised by Yahoo! and Amici

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Back in May, the CMLP joined Public Citizen, the Center for Democracy and Technology, and the Electronic Frontier Foundation in submitting an amicus curiae br

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Inventor of Vibrating Toilet Seat Sues Google Over Allegedly Defamatory Search Results

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From the we-aren't-making-this-up-department:

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South Carolina Attorney General Agrees to Temporary Restraining Order in Craigslist Suit

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Today, a federal district court in South Carolina issued a consent order temporarily restraining South Carolina Attorney General Henry McMaster from "initiating or pursuing any prosecution against craigslist or its officers and employees in relation to content posted by third parties on craigslist's website." The order specifies that it is issued "by agreement of the parties.&qu

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Yahoo! Petitions for Rehearing in Barnes v. Yahoo!, CMLP Joins Amicus Coalition in Support

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Yesterday, Yahoo! filed a petition for rehearing in Barnes v. Yahoo!, a case in which the Ninth Circuit recently held that Cecilia Barnes could pursue a promissory estoppel claim against Yahoo!

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Craigslist Sues South Carolina AG Over Threats of Criminal Prosecution

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Tired of being bullied by South Carolina Attorney General Henry McMaster, craigslist is going on the offensive.  CEO Jim Buckmaster announced on the craigslist blog today that that craigslist is suing McMaster in South Carolina federal court, seeking "declaratory relief and a restraining order with respect to criminal charges he has repeatedly thre

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How to Make Your Client Look Bad, in Three Easy Steps

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Courtesy of counsel for Newt Gingrich and Saul Anuzis.

1.  Demonstrate a complete failure to understand how the relevant technology works.

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Craigslist Dropping 'Erotic Services' Section, No Word On Whether State AGs Will Drop Their Bullhorns

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The Associated Press is reporting that craigslist has decided to replace the "erotic services" section of its site with a new adult category that will be reviewed by craigslist staff (craigslist just issued a statement confirming the change).  The decision follows several months of pressure from officials in a number of states who have been trying to force the onlin

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Barnes v. Yahoo: Section 230 Does Not Insulate Online Service Provider From Contractual Liability

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This is an interesting Section 230 decision from the Ninth Circuit that clarifies one of the many possible lines between enjoying Section 230 protection and losing it, namely what kinds of legal claims treat an interactive computer services as a "publisher or speaker" within the meaning of the statute and what kinds do not.

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