Publications

Brief of Amici Curiae Internet Law Professors in Support of Appellee

Author(s): 
Barbara van Schewick
Publication Date: 
May 11, 2021
Publication Type: 
Litigation Brief
ACA Connects, et al., Plaintiffs-Appellants, v. Rob Bonta, Defendant-Appellee
 
Plaintiffs argue SB-822 is preempted because Congress occupied the entire field of either interstate communications or interstate information services, stripping the states of their preexisting police power.
 

Brief of Internet Law Professors as Amici Curiae in Support of Defendant-Appellant

Author(s): 
Barbara van Schewick
Publication Date: 
December 1, 2021
Publication Type: 
Litigation Brief

The district court held that New York’s Affordable Broadband Act, N.Y. Gen. Bus. Law § 399-zzzzz (“ABA”), is preempted because Congress occupied the entire field of interstate communications, stripping the states of their preexisting police power. This is a sweeping claim. If affirmed, it would invalidate vital state laws regulating areas of traditional local concern—including consumer protection, public health, and public safety. Read more about Brief of Internet Law Professors as Amici Curiae in Support of Defendant-Appellant

Brief of Professors of Internet Law as Amici Curiae in Lawsuit over California Net Neutrality Law

Author(s): 
Barbara van Schewick
Publication Date: 
September 30, 2020
Publication Type: 
Litigation Brief

On September 30, 2020, a group of seven Professors of Internet Law, led by Barbara van Schewick, Professor of Law and Director of the Center for Internet and Society at Stanford Law School, filed a friend of the court brief in the lawsuit over the California net neutrality law.

Background  Read more about Brief of Professors of Internet Law as Amici Curiae in Lawsuit over California Net Neutrality Law

Amicus Brief of Cybersecurity Experts in Support of Malwarebytes' Cert Petition

Author(s): 
David Levine
Elizabeth Townsend Gard
Jennifer Urban
Riana Pfefferkorn
Richard Forno
Publication Date: 
June 12, 2020
Publication Type: 
Litigation Brief

Amicus brief in support of petitioner Malwarebytes' petition for certiorari in Malwarebytes v. Enigma Software, authored by Phil Malone of the Juelsgaard IP & Innovation Clinic at SLS. Read more about Amicus Brief of Cybersecurity Experts in Support of Malwarebytes' Cert Petition

Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes

Author(s): 
Riana Pfefferkorn
Publication Date: 
November 7, 2019
Publication Type: 
Litigation Brief

In Enigma Software v. Malwarebytes, the Ninth Circuit ruled that 47 U.S.C. 230(c)(2)(B) does not protect anti-threat classification decisions that are allegedly based on "anti-competitive animus." This amicus brief, written by Prof. Eric Goldman of Santa Clara Law and Venkat Balasubramani and joined by 7 professors, explains how the Ninth Circuit's ruling makes the Internet less safe. Read more about Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes

Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
October 3, 2019
Publication Type: 
Litigation Brief

Reply brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.  Read more about Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

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