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Facebook Isn’t Liable for Account Hack/Hijack–Damner v. Facebook

This is a pro se lawsuit. Damner claims his Facebook account was hacked in April 2020 and the hacker(s) took it over. He notified Facebook but allegedly it never responded. Damner sued Facebook for Stored Communications Act claims and others. The court grants Facebook’s 12(b)(6) motion to dismiss, holding that Facebook isn’t liable for the account hack/hijacking. ECPA. The 2701 SCA claim fails: Plaintiff asserts a claim under § 2701(a) based on the allegation that Facebook “intentionally refused...
Tags: Facebook, Law, Court, ECPA, Privacy/security, Facebook Inc, SRR, Licensing/Contracts, Publicity/Privacy Rights, Damner, Facebook for Stored Communications

Petitions of the week: Three Second Amendment petitions and a Wiretap Act claim against Facebook

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individual’s right to possess firearms outside the home or after a conviction for a nonviolent offense. Passed in 1968, the Wiretap Act makes it unlawful for someone to “intentionally intercept[] … any wire, oral, or electronic communication,” unless that person “is a party to the communication.” Facebook ...
Tags: Facebook, New York, Featured, Supreme Court, Law, Pennsylvania, United States, Davis, District Of Columbia, General Assembly, Wilson, U S Customs, Border Protection, 9th Circuit, Pennsylvania Supreme Court, Gonzalez

Capitol rioters included highly trained ex-military and police officers

By MICHAEL BIESECKER, JAKE BLEIBERG and JAMES LAPORTA | The Associated Press WASHINGTON  — As President Donald Trump’s supporters massed outside the Capitol last week and sang the national anthem, a line of men wearing olive-drab helmets and body armor trudged purposefully up the marble stairs in a single-file line, each man holding the jacket collar of the one ahead. The formation, known as “Ranger File,” is standard operating procedure for a combat team that is “stacking up” to breach a buildi...
Tags: Facebook, Politics, New York, Isis, Texas, News, Media, Navy, California, Washington, Senate, Virginia, Iraq, Los Angeles, Barack Obama, Sport

A police officer arrested after the pro-Trump assault on the Capitol is also a current member of the US military

Rocky Mount Police Department Officers Jacob Fracker, left, and Thomas Robertson, right. Department of Justice Two Virginia police officers, Jacob Fracker and Thomas Robertson, were arrested in connection with last week's riots at the US Capitol. Fracker, as first reported, is a current member of the Virginia National Guard, making him the first current military member to be arrested in connection with the riots. Several former military members have been arrested or are facing...
Tags: Facebook, Politics, Navy, Police, Virginia, Iraq, US, Trends, Department Of Defense, Joe Biden, Afghanistan, Military, Army, Pentagon, Department Of Justice, Air Force

Is the impeachment funny?

Karl Marx wrote that history repeats itself, "the first time as tragedy, the second time as farce."  Is the second impeachment funny?  My son John has a Facebook post reacting to the impeachment with jokes: The most impeached president in American history! I wonder if Trump is tired of all this winning…  Half of all impeachments of an American president have been of Trump!... We’re going to have impeachment, like you wouldn’t believe. A lot of people are saying he’s the best president ever a...
Tags: Facebook, Law, John, Karl Marx, Charlottesville, Trump, Jaltcoh, Ann Althouse, Era of That's Not Funny

"QAnon reshaped Trump’s party and radicalized believers. The Capitol siege may just be the start."

WaPo headline.  Subhed: "The online conspiracy theory, which depicts Trump as a messianic warrior battling ‘deep state’ Satanists, has helped fuel a real-world militant extremism that could haunt the Biden era." Oddly, that makes QAnon sound like the leader of the movement — QAnon, not Trump. But the impeachers portray Trump as leading an insurrection. Is Trump the evil mastermind, or more of a dupe, standing in the middle of things, thinking he's a fine leader and surprised by the violent t...
Tags: Facebook, Law, Congress, Washington, Biden, Conspiracies, Trump, Capitol, Sidney Powell, WaPo, Ann Althouse, Parler, Lin Wood, the Trump resistance

"We began preparing for Inauguration Day last year."

Write Guy Rosen, VP Integrity, and Monika Bickert, VP Global Policy Management of Facebook, setting off my bullshit detector. Last year was 12 days ago. I'll keep going. I want to read the original document, not the NBC News summary — "Facebook bans all 'stop the steal' content" — that I can see is getting lots of links.  I don't believe Facebook would ban everything with the 3-word phrase. That would include all sorts of people who are just talking about what is the biggest news story going. ...
Tags: Facebook, Law, Washington, Wikipedia, Censorship, Nbc News, US, Joe Biden, United States, Dc, Donald Trump, Rosen, Monika Bickert, Ann Althouse, Bickert, Guy Rosen

"Hours after it went offline on Monday, the social media start-up Parler filed a lawsuit in federal court accusing Amazon of violating antitrust law..."

"... and asking for a temporary restraining order to prevent the tech giant from blocking access to cloud computing services. Amazon told Parler over the weekend that it would shut off service because 'a steady increase in violent content' on the site showed that the company did not have a reliable process to prevent it from violating Amazon’s terms of service. Amazon said it would ensure Parler’s data was preserved so that it could migrate to a new hosting provider. Millions of people turned ...
Tags: Apple, Google, Amazon, Facebook, Twitter, Law, Antitrust, Free Speech, Trump, Capitol, Ann Althouse, Parler, lawsuits I hope will succeed, the Trump resistance

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PROCÉDURE CIVILE Ayant fait l’objet d’une dénonciation sur les pages Facebook et Instagram «Dis son nom», créées dans la foulée d’une vague de dénonciations d’actes à caractère sexuel, le demande...
Tags: Facebook, Law, Canada, La Cour, Summaries Sunday, SOQUIJ, Québec Department of Justice, Facebook et Instagram, Juge Martin

2H 2020 Quick Links, Part 5 (Contracts, E-Commerce, Defamation, Censorship, & More)

Contracts * Kidstar v. Facebook, Inc.,  2020 WL 4382279 (D.N.J. July 31, 2020). The plaintiff sued Facebook because he lost access to photos in his account. assuming, arguendo, that Plaintiff opened a Facebook account in 2004, the 2009 User Agreement became the governing document upon his registration in 2009 until 2017, when the 2017 User Agreement became the governing document upon his creation of a subsequent Facebook account… Plaintiff had reasonably conspicuous notice of Facebook’s contract...
Tags: Google, Facebook, Law, California, Washington, Ebay, Court, Bloomberg, E-commerce, Thailand, United States, Fairfield, Silicon Valley, Dmca, Google Maps, Crossfit

Twitter and Facebook both banned Trump from their platforms. Here's why that doesn't violate the First Amendment - or any other laws

Activist Mike Merrigan holds a piñata shaped like the Twitter logo with hair to look like U.S. President Donald Trump during a protest outside of Twitter headquarters on May 28, 2020 in San Francisco, California. Justin Sullivan/Getty Images Twitter suspended President Donald Trump's personal account permanently on Friday, a day after Facebook banned him indefinitely, in the wake of pro-Trump rioters storming the US Capitol. Trump quickly tried to use the official presidential Twitter acco...
Tags: Apple, Google, Facebook, Twitter, Politics, News, Media, Instagram, Law, Congress, Youtube, Advertising, Trends, Social Media, Analysis, Federal Communications Commission

Morning Docket: 01.04.21

* Microsoft has asked that a lawsuit involving XBox controllers be submitted to arbitration. Would be amazing if they settled this matter with a videogame battle... [Videogame Chronicle] * A pro-Trump lawyer is in hot water for seemingly suggesting that Vice President Mike Pence should be executed by firing squad. [Business Insider] * Joe Biden has named a top lawyer for Facebook to the White House Staff Secretary position. [Vox] * A federal appeals court has dismissed an election lawsuit f...
Tags: Facebook, Supreme Court, Microsoft, Law, White House, Joe Biden, Xbox, Trump, Mike Pence, Morning Docket, Vice President Mike Pence, White House Staff Secretary, Videogame Chronicle, NBC News -RSB- A Supreme Court

"A 33-metre reinforced concrete vagina has sparked a Bolsonarian backlash in Brazil..."

"... with supporters of the country’s far-right president clashing with leftwing art admirers over the installation. The handmade sculpture, entitled Diva, was unveiled by visual artist Juliana Notari on Saturday at a rural art park... In a Facebook post, Notari said the scarlet hillside vulva was intended to 'question the relationship between nature and culture in our phallocentric and anthropocentric western society' and provoke debate over the 'problematisation of gender.'...  Bolsonaro’s US...
Tags: Google, Art, Facebook, Law, Wikipedia, US, Bbc, Language, Paris, Brazil, Anish Kapoor, Versailles, Kapoor, Ann Althouse, Genitalia, Bolsonaro

2H 2020 Quick Links, Part 4 (FOSTA)

* “Department of Justice shut down and arrested the site’s owner, for the first time utilizing the criminal expansions created under FOSTA/SESTA.” Notice of proceedings. Indictment. * Emily Morgan, On FOSTA and the Failures of Punitive Speech Restrictions, 115 Northwestern University Law Review 503 (2020): FOSTA fails to achieve its primary goals because it enacts content-restrictive provisions, the burden of which falls largely on already vulnerable groups. In this case, those v...
Tags: Facebook, New York, Law, Senate, Massachusetts, Salesforce, Department Of Justice, Doj, DOE, Rhode Island, Kik, Thomas, Ferrer, Huffington, JB, New House

2020 brought a wave of discrimination and harassment allegations against major companies like Amazon, McDonald's, and Pinterest. These are some of the year's high-profile legal battles.

Jeremy Moeller, Chesnot, and Justin Sullivan/Getty Images The #BlackLivesMatter and #MeToo movements have exploded in recent years, shedding light on systemic racial and gender bias across American society, and in particular, within American workplaces. In 2020, workers spoke publicly in increasing numbers, often by taking their employers to court over pay disparities, harassment and abuse, and toxic company cultures. Major businesses including Google, Amazon, McDonald's, Pinterest, and J...
Tags: Google, Amazon, Facebook, Mark Zuckerberg, New York, News, Pinterest, Law, Washington Post, Washington, Cbs News, Life, Disney, Nbc News, US, Careers

Precise opportunity seized.

Last midnight: "2020, 24 hours to go..." (my son John, at Facebook, embedding "I Wanna Be Sedated"). [Author: [email protected] (Ann Althouse)]
Tags: Facebook, Law, The Ramones, John, New Year's, Jaltcoh, Ann Althouse

How a veteran sketch artist offers a peek into oral arguments in the work-from-home era

Few people get the chance to watch an oral argument at the Supreme Court. Art Lien is one of them. As an artist who has been sketching the court for more than four decades, Lien has attended – and studied – hundreds of arguments. In a courtroom devoid of cameras, Lien uses little more than a pencil and paper (and afterward, a bit of watercolor) to capture the court’s work for everyone to see. At least he used to. As with everything in 2020, that has changed. The world closed in to keep the vir...
Tags: Facebook, Usa, Featured, Mississippi, Supreme Court, Law, Hungary, United States, Arkansas, Archer, Louisiana, Madrid, DOE, Briggs, Fulton, Ford Motor Co

Is it defamation to accuse someone of sending a bogus DMCA takedown notice?

Esports aren’t only about 21st century video games. Apparently there is a relatively robust community of Tecmo Bowl enthusiasts who – though the game is three decades old – gets together to compete in tournaments. A couple of members of that community got into it with one another online, and the spat spawned some fierce litigation. That scuffle raised the question of whether accusing someone of sending a bogus DMCA takedown notice is defamatory. The online scuffle Plaintiff was up...
Tags: Facebook, Texas, Law, Copyright, Chicago, Dmca, Esports, Defamation, Perjury, Hawkins, Tecmo, Evan Brown, Knobbe, Court of Appeals of Texas

Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook

Cameron Atkinson self-describes himself as “a Christian, a published constitutional scholar, a soon-to-be trial and appellate lawyer, and a general hell-raiser.” He also describes himself as “Liberty’s sheriff” and you can even buy t-shirts apparently depicting him in that role. Atkinson sued Facebook for allegedly censoring several of his posts. The court dismisses his lawsuit. First Amendment. As confirmed in PragerU v. YouTube, an online service “censors” its users only if it is a state acto...
Tags: Google, Facebook, Law, Congress, Youtube, Linkedin, Icann, United States, Circuit, Johnson, Alphabet, Atkinson, Wilson, Trump, Perez, Lewis

5 big predictions for 2021

The "Fauci effect" has helped produce a record number of medical school applications. We'll soon no longer be able to avoid the reality of climate change, prompting more decisive action. Work from home trends are likely to continue and, in many cases, become permanent. That was either the longest or shortest year in history. Most people are happy to say goodbye to 2020, but what does 2021 hold in store? Given how woefully inaccurate we were rolling into 2020, let's not be too sure of ourselves...
Tags: Facebook, Brown University, Future, US, America, Remote Work, Economics, Society, Joe Biden, Italy, Innovation, Vaccines, Smith, Predictions, Mihaly Csikszentmihalyi, Derek

2H 2020 Quick Links, Part 2 (Section 230)

* Griffin v. Google, 2020 WL 6781624 (S.D. Ga. Nov. 18, 2020). “Plaintiff only alleges these Defendants failed to screen to make sure their users were legal entities without providing any other basis for liability….Aside from some very limited exceptions, which are not applicable here, internet companies, including social media companies, are generally immune from suit for content posted on their platforms by third parties under the Communications Decency Act. 47 U.S.C. § 230; Almeida v. Amazon...
Tags: Google, Facebook, Law, Congress, Court, Bird, Yelp, Griffin, Usc, Almeida, Barrett, Facebook Inc, LLC, Cross, Amazon com Inc, Yelp Inc

2H 2020 Quick Links, Part 1 (Copyright)

* UMG Recordings v. RCN Telecom Services, LLC, 3:19-cv-17272-MAS-ZNQ (D.N.J. Aug. 31, 2020): Plaintiffs have made allegations sufficient to satisfy the knowledge requirement at the pleading stage. As to actual knowledge, Plaintiffs aver that the five million notices sent to RCN by Rightscorp that provided the IP address of the user, the date and time of the activity, and the name of the infringed upon content is sufficient to confer actual knowledge to RCN. Plaintiffs similarly argue that, at a ...
Tags: Amazon, Facebook, New York, Etsy, Law, Groupon, Court, Copyright, Chicago, United States, Dmca, District Of Columbia, Bain, Cmi, Mango, Kmt

"It would be nice if the wall-to-wall marathon showings of A Christmas Story on TBS and TNT led to a rediscovery of Jean Shepherd's other work..."

"... and even to a revival of the radio arts, but given that people have so many other things to occupy themselves nowadays, that it's unlikely."  Said Lurker21, in the comments to the Christmas Café. I've never seen "A Christmas Story," though I am one of Jean Shepherd's biggest fans. For years, in the 1960s, I used to get in bed in time to hear the "Call to Post" — which, today, sounds like something about blogging — on my radio tuned to WOR. And then...   Listening to those Jean...
Tags: Facebook, New York, Law, Wikipedia, Christmas, Blogging, Indiana, Tbs, TNT, Seinfeld, Mad magazine, Donald Fagen, Shepherd, Johnny Cash, WOR, Griffith

Of course, the NYT "loves" this... if love includes loving the virality of something so clickable and sharable.

Times Pick— Joe Gabriel Simonson (@SaysSimonson) December 22, 2020 Click and reclick the image to read the full comment that begins "It all depends on your attitude." Now, Joe Gabriel Simonson withholds a link to the NYT, so he's onto their game and refusing to play... and he himself is using a woman's sex tale about her daughter to get links for himself... including this one from me. Reading the comments on his tweet, I see that no one believes the story, but they...
Tags: Amazon, Facebook, New York, Law, Sex, Relationships, Nyt, Masturbation, Nolan, Simonson, Ann Althouse, Joe Gabriel Simonson, Megan Nolan Looking

"I was 12 years old in the 9th grade - younger than my classmates, and (as you may possibly be able to imagine) pretty awkward, shy and nerdy.

"And I had a crush on Patrice Y., the girl who sat directly in front of me in math class (because the seats were all arranged in alphabetical order for some arbitrary reason)...." A very cheerful story from Weird Al Yankovic (at Facebook). Go read it and be heartwarmed. [Author: [email protected] (Ann Althouse)]
Tags: Facebook, Law, Relationships, Drawing, Weird Al, Al Yankovic, Ann Althouse

Facebook Brings Support to Cancer Patients and Families and To Those Who Support Them

Opening Facebook just now, the first two posts were from friends facing down cancer. One a face to face friend, whose partner is suffering from the residuals of cancer treatment. Chemotherapy is hard enough, alone, let alone dealing with the conditions that develop from the chemo and the drugs used to treat both the chemo and the residual conditions. Not minor side effects, we’re talking life threatening side effects that land one in the hospital. The CCU and ICU. That’s the ca...
Tags: Facebook, Law, Uncategorized, Jill, Zuck, Christmas Facebook

CDT Lacks Standing to Challenge Trump’s Anti-230 Executive Order

In May, Trump issued an executive order designed to destroy Section 230 (EO 13925). Rather than actually work with Congress, Trump tried to amend 47 USC 230 only within the executive branch, which is largely a dead-end. I’m hoping Pres. Biden will ignore or repeal this terrible EO. Meanwhile, the EO was a pernicious and hateful document that tried to advance and justify government censorship. The world would have been better if it never had been issued. Thus, I was happy to see CDT challenge th...
Tags: Facebook, Twitter, Law, United States, Usc, Ugc, Trump, Content Regulation, Derivative Liability, Center for Democracy Technology, Dafuq, Congress Trump, Pres Trump, Challenge Trump, Trevor McFadden, Pres Biden

"Looking back, it can seem like Zuckerberg’s path to world domination was inevitable."

"There’s the computerized version of Risk he coded in ninth grade; his long-standing interest in the Roman empire; his obsession with information flow and human psychology. There’s the story of his first bona fide internet scandal, when he hacked into Harvard’s directory and lifted photos of students without their permission to make the hot-or-not-style website FaceMash. ('Child’s play' was how Zuckerberg later described the ease with which he broke into Harvard’s system.) There’s the disconnect...
Tags: Facebook, Mark Zuckerberg, Law, Beer, Harvard, Atlantic, Zuckerberg, Roman, Adrienne LaFrance, Ann Althouse, Men In Shorts

"Casting itself as the protector of small businesses... Facebook is criticizing Apple for planning to give users of its popular devices like the iPhone more control..."

"... over the data they share with third-party apps. Starting next year, Apple will ask mobile users to 'opt in' to accept third-party tracking of their digital activity (right now, the system defaults to tracking and requires users to 'opt out' if they don’t want to be followed). Facebook relies on tracking to target ads at customers. Facebook declared in the newspaper ads that it was 'standing up to Apple and warned that such a change will be the ruin of small businesses....  Let’s be clear: ...
Tags: Apple, Facebook, Mark Zuckerberg, Privacy, Law, Antitrust, Free Speech, Trump, Swisher, Kara Swisher, Ann Althouse

The best way to spread Christmas cheer is singing loud for all to hear

In his semi-eponymous movie, Buddy the Elf famously explained, "The best way to spread Christmas cheer is singing loud for all to hear." Today, I'm choosing to use my valuable internet space to spread some Christmas cheer of my own. Please don't worry, it's not me singing, which would spread whatever the opposite of cheer is. Instead, it's my resident songstress, Norah Marie, who used her iPhone to self-record and mix this lovely (IMHO) cover of "Jingle Bell Rock." norah marie · jingle bell ...
Tags: Facebook, Law, Tom Cruise, Jingle Bell Rock, Elf, Jon Hyman, Norah, Norah Marie, Hunger Network Visit

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