Communications Decency ActCategory RSS Feed
A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images.
You can see the story here
The plaintiff sued Facebook and the ex-boyfriend for negligence, breach of contract, gross negligence, intentional infliction of emotional distress, invasion of privacy … Continue Reading
Last month, the Sixth Circuit ruled that website operators are not liable for content provided by others (User Generated Content or UGC) because of Section 230 immunity under the Communications Decency Act in the Jones v. Dirty World Entertainment decision.
Based on the history of the CDA, that should be no surprise. However, internet lawyers were … Continue Reading
Thankful I didn’t copy images, parody the Beastie Boys, use overbearing TOS or have to stand behind TheDirty
With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks.
Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics
In my three part series on using images from the web for your news stories, we talked about the Morel v. Agence France-Press case. … Continue Reading
Everyone supports the prevention of sexual predators texting illicit material to people under 17. Everyone knows that revenge porn is a scourge on public decency. But, can the law do anything about it? Should it?
Texas Throws Out Law Banning Explicit Online Communications With Minors.
Yesterday, the Texas Court of Criminal Appeals (our highest court that hears … Continue Reading
TheDirty.com is not exactly deserving of sympathy. Much like Playboy and Hustler pushed the boundaries of the First Amendment in the past, rumor sites like TheDirty.com are pushing the limits of Section 230 immunity for online defamation under the Communications Decency Act.
A judge and jury in Kentucky apparently have had enough. This week, a jury … Continue Reading
The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy. The Digital Millennium Copyright Act protected you from copyright and Section 230 of the Communication Decency Act protected you from defamation and other liability. Recent developments are bringing a … Continue Reading
After looking at the most popular posts from 2012 in our last edition, today we look at what are likely going to be the big trends for 2013 in internet and marketing law.
Privacy and COPPA – Although this issue is not likely to dominate the general business population, privacy and COPPA will continue to dominate the media’s … Continue Reading
The State of Texas may find out and it may be more applicable to your site than you think. In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at stopping human trafficking. The entire text is here.
It allows for human trafficking victims to bring … Continue Reading
In my last three posts, we covered online defamation from the business owner’s perspective. Today, we look at it from the consumer’s perspective.
The local NBC affiliate in Houston interviewed me and others for a story about it you can watch here.
The way the story was edited, it almost appeared I support suing consumers when ”sounding off … Continue Reading
Much to the chagrin of my law firm, I often encourage people not to take legal action when they are defamed on an online review site. The issue has become more prevalent as consumers (or is it possibly competitors or people with personal vendettas) spew their ire negatively rating doctors and other professionals who only … Continue Reading