Jess Miers 🦝 Profile picture
Aug 7 9 tweets 2 min read Twitter logo Read on Twitter
One of the reasons @ericgoldman is widely considered a thought leader in this space is his keen ability to anticipate and predict the next iteration of tech law.

This casebook update is a huge deal. The changes reflect the next wave of practice. Lawyers: take notice.
Internet law is taught so differently throughout the nation. One thing I've always particularly respected about @ericgoldman's curriculum is that it's so practical and fundamentals-focused that passing tech fads almost never necessitate their own updates.
So, when a major curriculum update like this one occurs, I pay attention.
Noteworthy changes:

Swapped out Roommates for Lemmon v Snap.

Not just the end of an era but a sign that products liability has become the most critical battleground for the integrity of #Section230
Swapped out Reno / Ashcroft.

Another end of an era change, but also a sign that the soon-to-be SCOTUS cases from @NetChoice's Texas / Florida battles will redefine the status quo for the future of online expression.

(plus, age verification laws aren't ceasing any time soon).
Remov(ing) fundamental trespass to chattels cases (Verio, Hamidi).

A sign of just how convoluted TTC and CFAA law has become in light of Van Buren and hiQ.
Removed Internet Exceptionalism piece.

This one hit close to home. I often credit the piece as the inspiration for my advocacy efforts in this space.

It signals a shift from the eagerness we once had for the Internet's future, to the relentless dedication to its destruction.
Anyway, on that cheery note, I highly recommend giving the update a read, especially if you're practicing Internet law today.
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More from @jess_miers

Aug 1
Yesterday we filed an amicus brief in support of App Stores, developers, and consumers, urging the Ninth Circuit to affirm #Section230 protections for in-app payment processing.

The alternative would cause chaos for financial privacy/security, and harm the creator economy.
Plaintiffs in this case are relying primarily on a loophole from the HomeAway case which abridged 230 protections for "transactions" involved with the underlying content at issue (i.e. illegal home sharing listings).

The same result would hose small app developers.
In-app payment processing is core to app revenue for creators and the app marketplace. Holding App Stores liable for providing their in-app payment tools to developers is a surefire way to discourage in-app payments generally.
Read 10 tweets
Jul 17
CA9 upheld the server test in Hunley v. Instagram which says that an image is not 'displayed' when it is not fixed in a computer's memory.

Importantly, CA9 also reiterated hyperlinking does not constitute direct infringement (a blow to CJPA and its copycats). Image
The Court distinguished 'embedding' from 'hyperlinking.' Hyperlinks redirect users to the original content. Embedding tells the web browser to automatically retrieve and show the content from the host website.

Neither requires local storage of protected materials.
Plaintiffs tried three theories to get around the server test:

(1) the test is limited to Search Engines: court says no, not even close;

(2) the test is inconsistent with the Copyright Act: Court punts, suggests en banc review;
Read 7 tweets
Jul 11
Today, I testified in front of the California Assembly Privacy Committee opposing SB 680; a bill that broadly restricts Internet companies from using designs, algorithms, and features that could cause online "addiction" for kids.

Their response was deeply disappointing. 🧵
My testimony highlighted several unintended consequences of SB 680. The broad definition of addiction would discourage websites from hosting California youth users, cutting them off entirely from crucial resources, support, and information that teens regularly rely upon.
Further, because social media companies are not in the position to judge what types of content will trigger addiction in any individual youth user, the companies will steer clear of any designs, algorithms, or features intended to improve online experiences for teens.
Read 18 tweets
Jun 30
Exactly. This is a hard one for me personally. I identify as queer. My family members are queer. My best friends are queer.

But as a First Amendment lawyer, I've also seen how the government weaponizes and compels speech for their own hateful agendas. This was the right result.
Texas and Florida are actively fighting to force websites to carry and associate with hateful speech from political candidates. Texas also restricts websites from carrying reproductive health info while also prohibiting the spread of abortion care information.
2016 remains a stark reminder that enabling govt. to decide what kinds of speech categories are acceptable is dangerous.

No doubt, today's decision will be used to combat govt assault on information in right wing extremist states like Texas and Florida.
Read 7 tweets
Jun 7
Here we go. Defamation case against OpenAI regarding allegedly false ChatGPT outputs. H/T @CathyGellis courthousenews.com/wp-content/upl…
More coverage from Eugene Volokh here: reason.com/volokh/2023/06…
(I'm already getting the #Section230 questions...)

I agree w/Prof. Volokh's take overall. I can see the complaint failing without needing to even reach the 230 issues. It doesn't seem OpenAI was put on notice of the alleged false output by the plaintiff + damages are suspect. Image
Read 12 tweets
Jun 4
Weird paternalism aside, we need to actually talk about this because this proposal is unfortunately not unique.

In fact, many states have proposed (and some even enacted) identical legislation. These kinds of laws will harm more than help kids. Let's dig into it.🧵
First off, there has never been a "pre algorithm" era of the web. The Internet is built on algorithms. TCP/IP, the foundational communication protocol for the web, is literally an algorithm.

So, to technologists, legislation that "bans algorithms," is nonsense.
Social media and other online services are an amalgamation of algorithms. Google's "page rank" algorithm is how we get results perfectly tailored to our inquiries.

Facebook's newsfeed and Twitter's TL all use algorithms to ensure we see relevant content.
Read 20 tweets

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