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.
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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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.
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. 🧵
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.
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!🧵
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.
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.
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. 😌
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.
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. 👇