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

Publication Type: 
Litigation Brief
Publication Date: 
November 7, 2019

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. Many anti-threat software programs are, in fact, rogue software that should be classified as threats. Those classification decisions will create greater legal risk, and that will discourage legitimate anti-threat vendors from labeling rogue software as threats. To ensure that anti-threat software vendors can continue to vigorously protect consumers from rogue software, the amicus brief urges the Ninth Circuit to rehear the case. The brief is also available on SSRN here.