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California Defends its Net Neutrality Law

This week, California filed its first brief in the lawsuit by the United States and Internet service providers like AT&T and Comcast that seeks to overturn California’s net neutrality law. SB 822, which was signed into law in September 2018, is the only state law that comprehensively restores all the net neutrality protections from the FCC’s 2015 Open Internet Order. Read more about California Defends its Net Neutrality Law

EARN IT Act Talk at the DEF CON Crypto & Privacy Village

On August 7, I had the pleasure of doing a "fireside chat" with my friend and Section 230 expert Cathy Gellis at this year's virtual DEF CON Crypto & Privacy Village. Cathy gave a primer on Section 230, and then we had a discussion about the EARN IT Act bill, the LAED Act bill, and the threats they pose to online speech, privacy, security, and encryption. You can watch the video here. Read more about EARN IT Act Talk at the DEF CON Crypto & Privacy Village

What Does Retribution Mean Now? Thoughts on COVID-19, Prison, and Schadenfreude

I want to share some musings I had about what criminal punishment means right now in America. I don’t really write about the basics of criminal law and procedure much – it’s not my focus, and I’m not well-read in it, so please excuse my fumbling discussion of the following concepts. Read more about What Does Retribution Mean Now? Thoughts on COVID-19, Prison, and Schadenfreude

Broad Consequences of a Systemic Duty of Care for Platforms

In a previous post, I described the growing calls for what I called a “systemic duty of care” (SDOC) in platform regulation. I suggested that SDOC requirements would create difficult questions in ordinary intermediary liability litigation. By encouraging or requiring platforms to review user content or exercise more control over it, SDOC laws would change courts’ reasoning in cases about YouTube’s liability for a defamatory video, for example. Read more about Broad Consequences of a Systemic Duty of Care for Platforms

Systemic Duties of Care and Intermediary Liability

Policymakers in Europe and around the world are currently pursuing two reasonable-sounding goals for platform regulation. First, they want platforms to abide by a “duty of care,” going beyond today’s notice-and-takedown based legal models to more proactively weed out illegal content posted by users. Second, they want to preserve existing immunities, with platforms generally not facing liability for content they aren’t aware of. Read more about Systemic Duties of Care and Intermediary Liability

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