Jess Miers 🦝 Profile picture
Jan 4 7 tweets 2 min read Read on X
Cal Superior Court just rejected #Section230 in Neville v. Snap Inc., a lawsuit involving users who overdosed on drugs allegedly purchased via Snap.

The Court attributed Snap's role in the deaths to chat app's design permitting ephemeral communications.
nbcnews.com/tech/social-me…
I will share the opinion once I have it.

Keep in mind that this is a state court holding, similar to the order we saw in the California social media addiction lawsuits, so it has limited reach (for now).
With that said, it's a problematic trend that has the potential to reach other privacy-centric designs such as encrypted communication apps.

It seems the state of California should be promoting privacy by design, not thwarting it. But at this point, it's par for the course.
Opinion:

As we've seen before, the Court finds the "dangerous design not third-party content" argument plausible. Nevermind the fact that the issue here arises out of third-party content (i.e. the third-party communication of illicit substances).drive.google.com/file/d/1WNKoHW…
The Court drew an arbitrary distinction between "publishing" the drug sellers' content and Snap's conduct in designing the ephemeral communication platform.

By that logic, any plaintiff can argue that their claim is based on a design that facilitates UGC, not the UGC itself.
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There is a dangerous precedent emerging from these sorts of suits --> any design that enables users to communicate and share content online is inherently dangerous.

We're becoming the EU faster than we may think.
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More from @jess_miers

Jan 5
BREAKING: @NetChoice just filed suit in Ohio challenging the "Parental Notification by Social Media Operators Act."

drive.google.com/file/d/15DHiQe…
Like many of the other mandatory age verification laws we've seen proposed throughout the U.S. last year, Ohio's would require websites to secure verifiable parental consent before allowing anyone under 16 to create accounts / access services.
NetChoice alleges three constitutional defects with Ohio's Law.

First, the law restricts minors from accessing legally protected speech. Recall the Supreme Court had thoroughly rejected laws that curb minor access to speech. Image
Read 8 tweets
Dec 14, 2023
California just filed their opening brief in NetChoice v. Bonta in the Ninth Circuit, appealing the preliminary injunction enjoining the California Age Appropriate Design Code. 🧵

acrobat.adobe.com/id/urn:aaid:sc…
We at @ProgressChamber along w/@ipjustice and @LGBTTech previously filed an amicus brief at the District Court highlighting the speech chilling aspects of the AADC.

ipjustice.org/wp-content/upl…
The opening brief starts by denouncing viewpoint / content based censorship arguments, reiterating that AADC is purely a data protection law.

If this were true, why does the law still require "consistent" content moderation? Image
Read 36 tweets
Dec 8, 2023
Yesterday, @ProgressChamber and 11 organizations filed an amicus brief in support of @NetChoice and @ccianet urging SCOTUS to overturn the anti-moderation laws in Texas and Florida.

Special thanks to my incredible colleagues and the fabulous @HoganLovells team for the assist!🧵
Before I get into the details, some additional thank you's are in order:

S/O @MWBrennanDC @JRyanThomp and their superstar team for all the work that went into polishing and filing the brief!

S/O @KirstenDSouza for convening this amazing turnout of groups!
You can read the full brief here. This thread serves as a recap.
progresschamber.org/wp-content/upl…
Read 22 tweets
Dec 6, 2023
🚨 It's rumored that Sen. Hawley will soon attempt to hotline his bill adding an exception to #Section230 for "Generative Artificial Intelligence."

Putting aside how you may feel about Gen AI, this bill reaches far beyond it. 🧵
hawley.senate.gov/sites/default/…
The bill adds a carve out to Section 230's statutory exceptions for any civil suit or criminal prosecution where the underlying claim has to do with Generative AI. Image
The bill then defines "Generative Artificial Intelligence" broadly (and circularly) as any AI system capable of generating content based on user input.

Notice that it says prompts *OR* other forms of data provided by a person. Image
Read 27 tweets
Dec 5, 2023
I'm at UCLA today for the California Senate Judiciary information hearing on "The Importance Journalism in the Digital Age" (i.e. the notorious CJPA). I'll be live tweeting from @ProgressChamber starting around 1pm PT.

Expect the snark(ier) commentary @ my personal account. 😌
Unreal. California judiciary suggesting that websites broadly are not a credible hub for news.

If that's the case, then perhaps websites shouldn't be hosts for news content. Worked great in Canada right?

Read 26 tweets
Nov 15, 2023
BREAKING: The Northern District of California rejected the social media defendants' #Section230 and First Amendment arguments re: user addiction.

The federal school district and personal injury MDL will proceed. I unpack the order here. 🧵
storage.courtlistener.com/recap/gov.usco…
🔄Let's recap.

Last year, multiple school districts and private plaintiffs across the nation filed complaints against social media services: Google, Meta, Snap, and TikTok.

This order addresses the first wave of complaints from the school districts and individuals. Image
The "master complaint" combining all of the claims so far is ~ 300 pages asserting 18 claims brought under various state laws on behalf of hundreds of plaintiffs.

For efficiency, the federal court required plaintiffs to identify their top 5 priority claims. 👇 Image
Read 51 tweets

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