The Parliament of Australia is preparing to crackdown on social media trolls by preparing legislation that will hold companies legally responsible for defamatory material posted to their sites. A draft of the proposed law would require companies to have formal complaint processes in place to report online abuse and require they provide complainants with the identities of alleged bullies once certain criteria are met. The proposed legislation is scheduled to be released this week, and expected to come before the Parliament next year. It is part of the country’s broader effort to overhaul defamation laws. Continue reading Australia Is Opening Door to Social Media Defamation Liability

The High Court of Australia upheld a lower court ruling that found media companies — including newspapers and TV stations — that post on Facebook are liable for Facebook users’ comments on those posts. It stated that, by creating a public Facebook page, media outlets “facilitated and encouraged comments” from users and are responsible for defamatory content. News Corp Australia, a subsidiary of News Corp, and Nine Entertainment, which owns the Sydney Morning Herald, called for legislators to protect them from liability. Continue reading Australian Court Holds Media Firms Liable for User Comments

After being deluged by 75,000+ individual arbitration demands filed by plaintiff’s attorneys on behalf of Echo users, Amazon changed its terms of service to allow customers to file lawsuits. It now faces at least three potential class action suits, one of them brought May 18 that alleges that its Alexa-enabled Echo devices record people without their permission. Arbitration requirements are often inserted in many consumer contracts and the U.S. Supreme Court has repeatedly upheld and underlined the right to mandate arbitration. Continue reading Amazon Quietly Changes Terms of Service to Allow Lawsuits

The Justice Department sent Congress draft legislation to weaken Section 230 of the Communications Decency Act, leaving Facebook, YouTube and other social media platforms vulnerable to legal action for content posted by users. The proposed changes would create liability for platforms that allow “known criminal content” to remain once they are aware of it. President Trump claims that social media companies are biased against conservatives. The platforms have not been protected against some civil suits. Continue reading Proposed Legislation Would Weaken Shields for Social Media

When Angela Bolger’s laptop caught fire due to a replacement battery she bought on Amazon, she suffered third-degree burns and filed a lawsuit against the popular e-commerce site. Amazon responded by providing a refund for the battery. Until recently, Amazon has successfully fought off such liability suits. The stakes are high since almost 60 percent of all physical goods on its site now come from third-party sellers. The courts have traditionally sided with Amazon, but recent cases from a few states are changing that trend. Continue reading Some States Say Amazon Is Liable for Third-Party Products

The California Fourth District Court of Appeals ruled that Amazon can be held liable for the damages created by a defective replacement laptop battery purchased from a third-party seller on its marketplace. The buyer, Angela Bolger, reportedly got third degree burns when the battery, from Amazon third-party seller Lenoge Technology, caught fire. Amazon has defended itself against such liability lawsuits so the appeals court decision is a major blow to its e-commerce business. The company currently faces several other liability suits.

Continue reading Court Finds Amazon Liable for Defective Third-Party Products

An Australian court ruled that newspapers and TV stations that post articles on Facebook will be considered publishers of the comments that Facebook users post, and therefore liable for them. Defendants in the original lawsuit — among them News Corp. and the Sydney Morning Herald — are considering an appeal. These two outlets noted that, “today’s decision means the media cannot share any story via Facebook without fear of being sued for comments which they did not publish and have no control over.” Continue reading Aussie Court Rules Publishers Liable for Facebook Comments

In a rare bipartisan move, Democratic and Republican legislators joined forces to propose the Shop Safe Act, which would make e-commerce companies responsible for counterfeit products from China and other countries sold on their websites. The bill would focus on trademark liability for those fake products that impact consumer health and safety, such as pharmaceuticals and medical products, and would force e-tailers to more closely vet sellers and remove those who repeatedly sell counterfeits. Continue reading Bipartisan Bill Would Make Platforms Liable for Fake Products

Senate Judiciary Committee chair Lindsey Graham and senator Richard Blumenthal plan to introduce a law that could interfere with Big Tech’s ability to provide end-to-end encryption. The Eliminating Abuse and Rampant Neglect of Interactive Technologies Act of 2019 (EARN IT Act) targets the distribution of child sexual abuse material on platforms such as Facebook and Google, making them liable for state prosecution and civil lawsuits for user-posted content currently protected by Section 230. Continue reading Law Could Stoke Battle Between Congress and Silicon Valley

Facebook published a white paper outlining how it would like lawmakers to regulate the Internet, including a new model for platforms’ legal liability and a “new type of regulator” to oversee the rules governing harmful content. The white paper appeared at the same time chief executive Mark Zuckerberg wrote an op-ed published in The Financial Times and went to Brussels for meetings with European Commission executive vice president/competition commissioner Margrethe Vestager and other senior EU officials. Continue reading Facebook White Paper Reveals Ideas For Internet Regulation

In the “risk factors” section of its annual report, e-commerce leader Amazon listed counterfeit products, stating that the company may be “unable to prevent sellers in our stores or through other stores from selling unlawful, counterfeit, pirated, or stolen goods, selling goods in an unlawful or unethical manner … or otherwise violating our policies.” This is a first for the tech giant, which had never discussed the ongoing problem. In principle, it has a “zero tolerance” policy but the site is full of merchants selling knockoffs. Continue reading Amazon Has Growing Problem of Third-Party Counterfeiters

Sony Music, EMI Music, Universal Music, and Warner Bros. Records, among others, filed a piracy liability lawsuit against Cox Communications, claiming the ISP ignores persistent lawbreakers using its network. The suit lists more than 10,000 copyrighted works, and damages could potentially exceed $1 billion. Under U.S. law, copyright holders send takedown notices to ISPs to warn them of subscribers sharing copyrighted material and the ISP is obliged to cut off repeat offenders “in appropriate circumstances.” Continue reading Record Labels File Lawsuit Against Cox for Persistent Piracy

Legal issues related to augmented reality IP ownership, licensing, liability and control were discussed by a panel of legal experts during an AWE ‘Law and ARder’ session moderated by ETC@USC’s Philip Lelyveld. Kimberly Culp (Venable LLP) discussed what companies need to think about when creating AR IP. Michael Leventhal (Holmes Weinberg PC) covered what you should ask for when licensing AR IP. Alexia Bedat and Ed Klaris (Klaris Law) addressed the risks associated with delivering AR experiences in public spaces. And Brian Wassom (Warner Norcross & Judd), who litigated the Candy Lab v. Milwaukee case, discussed whether a digital overlay impacts the original work at all, as well as AR as free speech. Continue reading Legal Experts Discuss AR Issues at Augmented World Expo

Social media platforms such as Google and Facebook are exempt from liability for user-posted content, a protection that top Republican legislators want to end. House Judiciary Committee chair Bob Goodlatte (R-Virginia) quizzed Twitter representatives about the exemption, asking why they should be “treated differently than,” for example, a hotel that faces limited responsibility for illegal actions on its property. Goodlatte is one lawmaker who also looked at the purported silencing of conservative points of view on the platforms. Continue reading Congress Scrutinizes Social Media Liability for User Content

Journalists routinely purchase libel insurance, but now insurance companies are selling such policies to ordinary citizens. The growth of social media has led to an increasing number of users regularly venting online, and sometimes there are consequences. Musician/actress Courtney Love, for example, spent six years in court accused of libeling her former attorney and later a designer, ultimately paying $780,000 in settlements. Libel insurance costs an average of $33 per month bundled with traditional home or car insurance policies. Continue reading Libel Insurance Policies More Common in Social Media Era