A Federal Anti-SLAPP Law Would Make CDA 230 More Effective

This article was published originally on Techdirt.com, and was co-authored with Evan Mascagni, the Policy Director at the Public Participation Project. Re-published with the permission of Techdirt. Collateral Censorship and Section 230 of the Communications Decency Act Lawsuits against institutions that transmit speech, such as newspapers and blogs, impose costs that those institutions act to avoid—if necessary, by preemptively censoring any third-party speech that increases their exposure to legal liability. The purpose of Section 230 of Continue Reading →

STLR Link Roundup-April 21, 2018

California Federal Judge Certifies Privacy Class Action Lawsuit Against Facebook  On Monday, Judge Donato of the Northern District of California certified a class action suit against Facebook under the Illinois Biometric Information Privacy Act (BIPA). The class is comprised of all Illinois Facebook users for whom Facebook created and stored a face template after June 7, 2011, through Facebook’s “Tag Suggestions” program. Through “Tag Suggestions,” Facebook scans uploaded photographs, identifies faces in photographs, and then Continue Reading →

Can Electronic Surveillance Constitute a Search of Private Property Under the 4th Amendment? Gorsuch’s Comments Raise New Questions.

At oral argument in Carpenter v. United States, now awaiting final decision, Justice Gorsuch raised the possibility that individuals have a property right in their data. Specifically, Gorsuch suggested that a customer of a cellular provider had a property interest in location data that police had obtained from the provider without a warrant. This is relevant in a Fourth Amendment context because government trespass against private property is a form of “search.” But there is Continue Reading →