We're one week into the new year. At this time last week, I was procrastinating Tweeting about the @60Minutes piece about Section 230 and figured I'd get to it after my all-staff-beginning-of-year on Tues.
My big takeaways are 1) I'm sad (and not surprised) that Lenny Pozner is so harassed by Sandy Hook conspiracists that he must wear those horrible prosthetics, 2) It's BS that Facebook and Instagram (worth hundreds of billions) rely on
nonprofits like Pozner's HONR to manage violent content.
Many excellent nonprofits in the tech arena (@CCRInitiative , @TheBADASS_army, @TylerClementi ) have sprung out of founders' trauma. It is intoxicating to get invited to participate in innovations on these platforms
because you feel like you're making changes at scale. In my capacity as a former board member at CCRI and as firm owner, I weighed in alongside other advocates on various revenge porn policies at FB, Tw, Google, Microsoft, etc. Ultimately, though, big tech takes advantage.
Moderation of violent content should never be outsources. 3) It's a pity 60 Minutes didn't simplify things by showing cases of online harms that were litigated and resolved by court (versus private settlement) so that viewers could see the trajectory of
a case where a victim is pleading online harms and how the courts throw those cases out and give the offender no recourse. I made this point pretty clear and was interviewed on background for the episode, but not on the air. 4) @jkosseff was good, but i'm suffering from
too much coup-dementia to remember specifics.

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More from @cagoldberglaw

13 Jan
As more folks are arrested for the insurrection we are going to see high rate of people with records of intimate partner violence, stalking, and harassment. 1/
Terrorizing women and girls and internet trolling is directly correlated to being violent and unreasonable in other facets. including work, friendships, school, family, AND POLITICS. 2/
As my colleague, Caroline said, "Violence against women and girls on the micro level of interpersonal IS TERRORISM designed to uphold patriarchy/male supremacy on the macro level. 3/
Read 9 tweets
13 Jan
Companies that are freezing PAC contributions to both sides are not actually taking a stance against the violent insurrection.

They’re just saving money and being cowards.
Added to the list per New York Law Journal are law firms Squire Patton Boggs and Cozen O’Connor
Proud to say @cagoldberglaw will be targeting our contribution freezes specifically to the PACs that were in any way involved in the insurrection and supporting Trump.
Read 4 tweets
30 Dec 20
Section 230 did not create the internet as we know it. The shift from subscription based profit models to "free" user data-mining and advertising profit models is what created the internet.

It's when the user stopped being the customer and started being the commodity.
Section 230 was extravagantly interpreted so that users could never hold accountable a tech company for harms on the platform. The plain language supports the idea that platforms can't be sued for things like defamation
or editorial decisions. But starting early on, courts interpreted it to also prevent law suits for things like negligence by platforms. And more recently, the Second Circuit said platforms also can't be sued under product
Read 6 tweets
29 Dec 20
I've been weeping all day today. (So has half our staff) After a 6 1/2 year journey through hell and back, our former client and beloved associate, Annie Schmutz Seifullah, Esq. is officially an attorney licensed to practice law!!!

With her permission, I'm sharing a note i sent
"Dear Annie,
I’m weeping. I think many of us. We are all so proud of you. You were attacked by a man who was believed by an institution that should have had your back; that should have asked questions before taking action against you. He tried to destroy you. 2/
The media tried to make you into a joke. DOE tried to throw you in the garbage. None of it worked. Everybody underestimated you. None of them were a match for Annie Schmutz Seifullah. And today you transformed all of it – your expertise as an educator, your resilience 3/
Read 11 tweets
22 Dec 20
Let's talk about victim impact statements. My greatest joy in life is listening to my client read his/her victim impact statement on the day of sentencing in court which occurs at the end of a traumatic criminal proceeding, traumatic criminal investigation, and traumatic crime.
It's the culmination of years of legal work and suffering. It's a moment for my client to finally address their offender and tell him/her exactly what hell they put them through and what it looked like. In their own words, in their own voice. Surrounded by the loves ones who
travelled through hell with them.The VIS is the first and only time the survivor is truly in control of a criminal proceeding. (Unlike in a civil case where the case is brought by the victim-plaintiff, in a criminal case, the government brings the case and the victim is just a
Read 22 tweets
22 Dec 20
I've been holding this in for four days and I can't anymore!!!

In a sexual assault case, opposing counsel sent my clients a draft complaint threatening to sue them for "abuse of process." The allegation is that they hired an attorney (me!) with a vendetta against rich assholes
And opposing counsel found old articles and tweets from 2017 and 2018 like one where I'm talking to a documentary maker about his film about a deceased guy who extorted guys he coerced into making tickle films and I'm talking about how I'd drooled over the idea of suing that dead
guy. Another places he finds a quote from a profile about a federal prosecutor where I talk about hunting down anonymous stalkers who f*ck with my clients. Yeah, I hunt them down TO REPORT THEM TO LAW ENFORCEMENT.
Read 7 tweets

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