9th Circuit Resisting Efforts to Dilute CDA Section 230 ISP Immunity?

Section 230 of the Communications Decency Act (CDA) generally affords immunity for Internet Service Providers (ISPs) with respect to content posted by users on their websites. There have been various efforts by plaintiffs in lawsuits to chip away at this immunity, most of which have failed. Now along comes Doe v. Internet Brands, in which the plaintiff sought to convince the Ninth Circuit to circumvent CDA Section 230 immunity under a “duty to warn” theory.

Factual Allegations

The anonymous plaintiff, Jane Doe, alleged that she was a model who was enticed to travel to Florida by two men. The men drugged her, raped her, and then displayed this horrid event in a pornographic video.

Doe alleged that the two men initially found her by way of the website Model Mayhem, which she’d joined as a member. She asserted that Model Mayhem is a site that profiles hundreds of thousands of models, and that the owner of the site, Internet Brands, allegedly knew of the illegal scheme by the two men but nevertheless neglected to warn her of the potential harm. Continue reading “9th Circuit Resisting Efforts to Dilute CDA Section 230 ISP Immunity?”

Getting Serious About Cybersecurity

Hack attacks have been in the news for a while. But the most recent headlines seem to indicate that hackers are far outpacing security efforts to contain them.

In the last week, we have learned that a major health insurer was compromised, possibly exposing the data of 80 million health accounts. Data relating to medical patients is very sensitive, and the number 80 million is staggering in scope. And there have been indications that other health insurers might be vulnerable, meaning that 2015 could be the year of health insurance hacks.

On top of that, we just learned that “Anonymous” hackers have attacked the website of the President of the European Parliament. So, this tells us that not only is medical information unsafe, but government officials are not able to protect themselves from hackers. Continue reading “Getting Serious About Cybersecurity”

The Need for Speed Online: Don’t Just Sit There!

Do you ever get up in the morning, feeling sluggish and just not up to the tasks that await you? For most of us, the answer is yes, at least once in a while.

And does it ever seem that your Internet connection is having a bad hair day? Specifically, does it feel like it takes forever for Web pages to download, reminding you of the days of 32k and 56k dial-up modems?

If so, do you just sit there passively and hope and pray that the connection will improve? Well, there might be something you can do to give your Internet connection that coffee jolt that it needs to step up its game.

Case in point: There I was, trying to open Web pages so that I could accomplish work tasks remotely from my home computer last week. I kid you not, everything online was taking forever! Continue reading “The Need for Speed Online: Don’t Just Sit There!”

FTC Seeks to Thwart ‘Revenge Porn’

While the Internet provides many obvious advantages to people in this digital age, it can also enable a dark side for those intent on mischievous and criminal online behavior. “Revenge porn” is part of that dark side.

So, what is revenge porn? It usually consists of a nude photograph or video which is publicly shared online (most frequently by an ex-lover of the nude subject) for the purpose of spiteful humiliation.

The nude photograph or video generally is recorded when the couple is in a positive relationship, and then later is shown to the world on the Internet after the relationship has crumbled, most often by the male posting nude content of his female ex.

There also are revenge porn ransom websites. Specifically, such a website posts nude photos and videos provided by ex-lovers of their former lovers, and then offers to take down the content if paid a certain amount of money. The Federal Trade Commission has been seeking to root out these types of websites.
Continue reading “FTC Seeks to Thwart ‘Revenge Porn’”

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”

Do We Need a ‘Right to Be Forgotten’ in the U.S.?

Should our digital pasts always follow us around, or should we have the right periodically to wipe our digital slates clean?

The notion of “the right to be forgotten” has garnered quite a bit of attention in Europe, where privacy is more strictly protected than here in the United States. And while there have been some rumblings on our soil, perhaps now is the time for this notion to be taken more seriously in the United States.

The band Simple Minds in the 1980s had the famous song and lyric, “Don’t You (Forget About Me).” Back then, before we played our lives out loud on the Internet, the fear was that an individual might not be noticed and might disappear into oblivion.

Fast-forward: We currently live in much different times. Practically everything is recorded for posterity. And this includes not just warm and friendly family photos, but also material that at the time may seem funny and perhaps edgy, and that later may came back to bite.

Continue reading “Do We Need a ‘Right to Be Forgotten’ in the U.S.?”

Dangerous Technology Requires Old-Fashioned Diplomatic Solution

In these blogs over the years, we have covered many of the fantastic advantages of high technology. Unfortunately, though, tech also can be used for unsavory purposes, to put it mildly. Indeed, with tech, mankind has developed new and different ways to kill other people. As an example, fairly recently a Malaysia Airlines jetliner carrying civilians was shot out of the sky, apparently by an advanced missile.
Continue reading “Dangerous Technology Requires Old-Fashioned Diplomatic Solution”

The Skies Are Still Friendly, Despite Virgin Galactic Crash

First, we took to the air by hot air balloon. Next, we went even higher via ever-developing aircraft. Astronauts then made their way into outer space and even to the moon.

And now, with the advent of Virgin Galactic, there has been the prospect of non-astronauts going into outer space in a new-age space plane. Indeed, more than 700 celebrity non-astronauts have reserved seats on Virgin Galactic with tickets costing $250,000 a piece.

Unfortunately, as we know, Virgin Galactic’s SpaceShipTwo recently crashed in the Mojave Desert. It is easy to think that this calamity, along with prior notable aviation accidents, means that it is not safe to fly. Is that true? Read on. Continue reading “The Skies Are Still Friendly, Despite Virgin Galactic Crash”

Detoxing From Always-On Technology Overload

We now live in a world in which we constantly are connected electronically. We spend so much of our time in front of computers, laptops and tablets. Our smartphones can accomplish feats unimaginable not so long ago. These days we can even surf the Internet with smart eyeglasses.

Plainly, connectivity presents numerous advantages from business and professional standpoints. If that were not the case, people likely would not be so addicted to their instant electronic communications and access.

Continue reading “Detoxing From Always-On Technology Overload”

New WTO Information Technology Agreement May Do Away With Duties

The imposition of duties on the global trade of technology products is significant from a monetary standpoint.

However, Reuters reports that a potential agreement among the United States, China, the European Union and almost two dozen other countries that could eliminate billions of dollars of such duties might be achieved as soon as within the next two months.

At issue is the negotiation of a possible expansion of the World Trade Organization’s Information Technology Agreement. The Agreement is a pact from the late 1990s that ended duties on a wide array of technology products. These products include laptops, computers, telephones, fax machines, software, semi-conductors and some office machines.

Continue reading “New WTO Information Technology Agreement May Do Away With Duties”

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

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