PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Restoring the CDA Section 230 to What It Actually Says

CDA 230 02

When Donald Trump targeted the Communications Decency Act (CDA) Section 230, a debate about the law flared up.  Numerous reforms were proposed, some even seeking to abolish the law.  Unfortunately, the debate has been clouded with confusion and misinformation. Although I disagree with many of the proposals to reform it or abolish Section 230, I […]

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Unmasking a Judge’s Anonymity: Saffold v. Plain Dealer Publishing Co.

Mask

In a very interesting case, Saffold v. Plain Dealer Publishing Co., a state court judge (Shirley Strickland Saffold) is suing the Cleveland Plan Dealer for stating that comments posted on the newspaper’s website under the screen name “lawmiss” originated from a computer used by the judge and/or her daughter.  Some of these comments related to […]

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What Exactly Is a “Spammer”?

Spam

I’m coming a little late to the party, but the case of Omega World Travel, Inc. v. Mummagraphics, Inc., (4th Cir. Nov. 17, 2006) raises some interesting issues about the Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003 (“CAN SPAM Act”), 15 U.S.C. §§ 7701 et seq. Omega World Travel sent 11 […]

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Barrett v. Rosenthal: Blogger Immunity for Defamatory Comments

Blogger

Recently, in Barrett v. Rosenthal, the California Supreme Court held, similar to most courts addressing the issue, that bloggers are immune from being sued for “distributor” liability under defamation law. Under defamation law, the original speaker of a defamatory statement (a false statement that harms a person’s reputation) is liable. A “distributor,” one who further disseminates a […]

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