Internet

CDA Section 230 and the USMCA

The Big Tech-shielding principles of Section 230 of the Communications Decency Act (C.D.A.) have made their way into the U.S.-Mexico-Canada Agreement (USMCA), despite some opposition in Congress. Section 230 of the C.D.A. has been credited as the catalyst for creating America’s multibillion-dollar online industry and christened as “the law that built the internet.” Yet, despite …

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2020: The Year of the CCPA

As 2019 is coming to a close, businesses are bracing themselves for California’s Consumer Privacy Act (CCPA), which will take effect at the start of the new year.  The act’s passage in 2018, coupled with Europe’s GDPR, teed up a slew of legislation in state general assemblies aimed at protecting residents’ personal information.  As businesses …

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How do I keep my influencer (and my company) out of trouble with the FTC?

With the rise of streamers on Twitch and mega celebrities endorsing games, many video game companies are considering hiring influencers. An influencer, defined as a person who has a significant following related to a certain topic, can be a great source of publicity and exposure for a video game. For example, Apex Legends received a …

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What is libel?

Libel is complicated and often difficult to litigate; however, it is one of the few ways speech is allowed to be restricted under the First Amendment and, in my opinion, has produced some of the most interesting court opinions in American jurisprudence. A few of my favorites include Evel Knievel bringing a defamation suit against …

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Valve’s content policy and the First Amendment

Back in May, Valve changed its content policy to crack down on visual novels containing adult content. Just a few weeks later, Valve again changed its policy to allow anything that isn’t “illegal” or “straight-up trolling.” This led many developers and consumers down a rabbit hole of questions surrounding what Valve’s role should be in …

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Supreme Court strikes down ban on sports betting – what about esports?

Earlier this month, the Supreme Court ruled to overturn the Professional and Amateur Sports Protection Act (PASPA) which has effectively banned sports betting for the last 25 years. PASPA did not ban sports betting directly. Instead, it prohibited the 49 states with bans or limitations from modifying or repealing them. This distinction was PASPA’s downfall. …

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An overview of licenses: shrink-wrap vs. click-wrap vs. browse-wrap licenses

As a consumer, it’s important to read a license before signing it whenever possible. As a business offering a license, it’s even more important to understand what is being offered. A license is there to help business set terms of the relationship with the users of a product. Here’s a quick overview of a few …

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