Internet Law

Reasonableness as Censorship: Section 230 Reform, Content Moderation, and the First Amendment

Enrique Armijo

Abstract For the first time in the Internet’s history, revising Section 230 of the Communications Decency Act’s immunity for social media platforms from liability for third-party content seems to many not just viable, but necessary. Most such calls for reform are built around the longstanding common law liability principles of duty and reasonableness, namely conditioning […]

Holding Social Media Providers Liable For Acts of Domestic Terrorism

Chloe Berryman

Abstract Would the availability of a federal cause of action for domesticterrorism increase the risk of social media providers being held liable forfacilitating domestic terrorism? Recently, there have been discussionsconcerning the role social media plays in acts of domestic terrorism.Many acts of domestic terrorism have been linked to the perpetrator’sinvolvement with online groups who harbor […]

“Revenge Porn” Reform: A View From the Front Lines

Written by: Mary Anne Franks

Abstract The legal and social landscape of “revenge porn” has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term “revenge porn.” As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; […]

The Song Remains the Same: What Cyberlaw Might Teach the Next Internet Economy

Written by: Kevin Werbach

Abstract The next stage of the digital economy will involve trillions of networked devices across every industry and sphere of human activity: The Internet of the World. Early manifestations of this evolution through on-demand services such as Uber and Airbnb raise a host of serious legal questions. The stage seems set for a decisive battle […]

Clark S. Splichal, Recent Development: Craigslist and the CFAA: The Untold Story

Craigslist Inc. v. 3Taps Inc., 942 F. Supp. 2d 962 (N.D. Cal. 2013) Craisglist Inc. v. 3Taps Inc., 964 F. Supp. 2d 1178 (N.D. Cal. 2013) There is one area in which Craigslist Inc. appears particularly invested these days: its legal bills. Notoriously cutthroat, this online classified marketplace has steadfastly clung to its bare-boned business […]

Annemarie Bridy, Internet Payment Blockades

Abstract Internet payment blockades are an attempt to enforce intellectual property rights by “following the money” that flows to online merchants who profit from piracy and counterfeiting. Where corporate copyright and trademark owners failed in the legislature and the judiciary to create binding public law requiring payment processors like MasterCard and Visa to act as […]