What To Do About CDA Section 230 And ISP Immunity?

Section 230 of the Communications Decency Act (CDA) became law long ago when it comes to internet time, way back in the 1990s. The main thrust of the CDA was an effort by Congress to regulate indecent content posted online. Section 230 was included within the CDA to provide general immunity to Internet service providers with respect to third-party content posted on their sites. While the indecency regulatory aspect of the CDA was struck down by the United States Supreme Court as violating the First Amendment, Section 230 survives to this day and has been the critical legal backbone that has allowed a good part of the Internet to flourish, especially social media. Continue reading “What To Do About CDA Section 230 And ISP Immunity?”

European Union Seeks to Update and Centralize Internet Law

While issues relating to Brexit and Boris Johnson becoming the Prime Minister of England have tended to dominate the news across the pond, not to be lost in the shuffle are reports that the European Union is in the process of creating a new law that would add further regulation of online content. The new law, titled the Digital Services Act, seeks to replace an older commerce directive from two decades ago with an updated and legally binding law. The law is reported to address a wide array of digital platforms and supposedly would focus on all aspects of tech.

So, what are some of the reported features of the Digital Services Act? Continue reading “European Union Seeks to Update and Centralize Internet Law”

Social Media Companies Seek Government Content Regulation?

Long ago in internet time, way back in the 1990s, Congress passed the Communications Decency Act (CDA). A key feature of the CDA is Section 230 of the statute. In essence, Section 230 generally creates immunity for internet service providers (ISPs) with respect to third-party content posted on their sites. Congress desired a strong and robust commercial internet that would be good for the economy. Congress did not believe that the commercial internet would thrive if ISPs were saddled with the incredible cost and burden of monitoring the content on their sites and having the tremendous task of deciding content that could remain and content that should be removed from their sites. Continue reading “Social Media Companies Seek Government Content Regulation?”

What to Do About Social Media Bullying and Hate

Social media outlets now connect billions of people around the globe on a constant basis. Facebook, by headcount, has become the largest nation on the planet, with approximately two billion users. A tremendous number of these users communicate with others via their social media accounts many times a day. Of course, there are many positive aspects of social media communications; but, regrettably, there are palpable negatives as well. Continue reading “What to Do About Social Media Bullying and Hate”

Breaking Out of the Social Media Loop

Every single day, billions of people spend countless seconds, minutes, and hours on social media. Why?

This occurs in part because it is the business of social media companies to do their best to hold you captive. They want their sites to be “sticky,” so that you spend your time (and ultimately your money) there.

Thus, at bottom, as businesses that have as their appropriate mission the duty to maximize profits for shareholders, they compete fiercely for the attention of social media users.

Continue reading “Breaking Out of the Social Media Loop”

Social Media and Attacks on Traditional, Investigative Journalism

Once upon a time, we received news in traditional formats from finite media sources by way of newspapers, television, and radio. And the news we received from those sources did not vary tremendously one from another. The news just seemed to be the news. As Walter Cronkite closed on his CBS nightly newscast, “And that’s the way it is” — in essence meaning, “Those are the facts.”

Times plainly have changed. There are many sources of news. People can choose a news outlet that suits their own political preferences. For example, for someone of a conservative, Republican persuasion, Fox News might be the news outlet of choice. Fox tends to present the news more in line with that end of the political spectrum. And, of course, there are other news outlets that favor the liberal, Democrat end of the political spectrum. So what are the “facts” when the reporting of the same events can be interpreted very differently?

Continue reading “Social Media and Attacks on Traditional, Investigative Journalism”

The Coming Tech Year

We made it through 2016. So, what’s in store in 2017 when it comes to hot tech issues? There are many hot issues, such as big data, intellectual property disputes, the sharing economy, and drones. But this blog covers the three potential biggest issues. Drum roll please — here we go!

1. Security — Cybercrime & Cyberwarfare

Hacking, hacking, hacking …

Security on the internet is the first and foremost tech issue for 2017.

Hacking is penetrating all sorts of systems. For example, individuals are vulnerable to cybercrime, as their personally identifiable information is stolen when companies are hacked.

And cyberwarfare appears to be here and now, and not just some speculation about the future. Indeed, the Senate is preparing at this moment to hold hearings about the implications of apparent Russian hacking that meddled in our recent presidential election.

This year likely will be dominated by efforts to combat threats to internet security.

Continue reading “The Coming Tech Year”

Twitter Faces Copyright Infringement Allegations

Social media sites host many thousands of photos posted by people on a daily basis. An obvious issue arises as to whether and when these sites might be liable for copyright infringement with respect to any of the posted photos.

A recent case is worthy of consideration.

Kristen Pierson, a professional photographer who has won awards for her work, has filed legal action in California against Twitter, according to Wired, with respect to a copyrighted photo that was shared on Twitter.  Continue reading “Twitter Faces Copyright Infringement Allegations”

Cyber Risks Are Here and Now

The Internet provides an abundance of benefits in so many aspects of our lives. We have information at our fingertips. We are in touch with our family and friends in myriad new and different ways. We can make purchases from our computers and our phones, without the hassle of having to go to out to the store. And the list of benefits go on and on.

But that is not the end of our story. No, indeed. The Internet, unfortunately, also creates many risks and liabilities for us as well. Recent data suggest the following disturbing trends.  Continue reading “Cyber Risks Are Here and Now”

Keeping Our Tech Love Alive

We live in a world in which we are bombarded with information data from many sources, and so much around us on the tech landscape is transparent. How, then, do we keep our tech love alive? Read on.

Spoiling the Surprise?

Yes, it is wonderful that we have so many interesting and creative information technology outlets. But at times we are robbed of the magic and mystique of learning about the world with surprise and personal experience.

Facebook is a great way to keep in touch with and learn about our friends. However, it becomes tiring and redundant to be notified of posts from the same people over and over again with respect to the most mundane matters.

And sure, it is wonderful to be able read online reviews of restaurants and hotels, but then when we arrive we generally find what we were expecting based on advance notice.

Of course, online trailers for movies and television shows help us to select what to watch, but so much is shown in the trailers that we know beforehand where the movies and shows will go.

When it comes to music, we have access to so much from online outlets that we can know so many more bands and songs than ever before; but at the same time it can become rare to hear new and different musical works.

In the 1970s, the band Heart sang “Keep My Love Alive.” So, how do we keep our tech love alive? Continue reading “Keeping Our Tech Love Alive”

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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