In May, Senators Mike Lee, Amy Klobuchar, Ted Cruz, and Richard Blumenthal introduced the “Competition and Transparency in Digital Advertising Act.” The bill, also called the “Digital Advertising Act” or just “DAA” for short, is an ambitious attempt to regulate, and even break up, the biggest online advertising companies...

Westlaw, the world’s largest legal research service, is very likely to face antitrust liability. A federal court has ruled that ROSS Intelligence, a tiny rival offering new research tools (which Westlaw forced out of business with a copyright infringement suit) could proceed with claims that Westlaw uses exclusionary and anticompetitive...

A (Very) Narrow Path to Holding Social Media Companies Legally Liable for Collaborating with Government in Content ModerationFor the last several years we have seen numerous arguments that social media platforms are "state actors" that “must carry” all user speech. According to this argument, they are legally required to publish...

A new quasi-court for copyright, with nationwide reach, began accepting cases this week. The “Copyright Claims Board” or “CCB,” housed within the Copyright Office in Washington DC, will rule on private copyright infringement lawsuits from around the country and award damages of up to $30,000 per case. Though it’s...

In December, 2020, Apple did something insanely great. They changed how iOS, their mobile operating system, handled users’ privacy preferences, so that owners of iPhones and other iOS devices could indicate that they don’t want to be tracked by any of the apps on their devices. If they did, Apple...

In a win for medical privacy in the Empire State, the New York Legislature has passed a pivotal bill that protects people’s private immunity information like COVID-19 vaccine status from being used to track their movements and be used against them in unauthorized ways. The Electronic Frontier Foundation ...