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Updated 2025-08-18 15:16
Court Reminds Cops That Pointing A Bunch Of Guns At Someone Doesn’t Make A Search Consensual
Perhaps the last people who should be asked to define “consent” would be cops. They exist in an alternate reality where only those cuffed and/or beaten to a pulp can plausibly raise a claim that their questioning or search was non-consensual. This possibly explains why so many cops get charged with sexual assault, as well […]
Dude Who Filed Ridiculous Lawsuit Over Title Of Mariah Carey’s Most Famous Song Drops Case After Pretending They Sound The Same
Back in June we wrote about an absolutely ridiculous lawsuit filed by a guy named Andy Stone, but who performs as Vince Vance and the Valiants, against Mariah Carey, claiming copyright infringement from her song “All I Want for Christmas is You.” As we noted at the time, the only similarity between the two songs […]
IKEA Bullies Indie Developer Into Changing Game Set In A Furniture Store
Big businesses really should know better as to how trademark law works. Or, failing that, their corporate counsels should. And yet we see far too often that big businesses take an aggressive approach to anything remotely resembling trademark infringement that they do not like. Take The Store is Closed, an as yet unreleased video game […]
As Musk Speedruns The Content Moderation Curve, Some Of His Biggest Fans Are Getting Mad At Him
Yesterday, we gave Elon Musk a cheat sheet for speedrunning the content moderation learning curve that any website doing any kind of content moderation learns over time. As we noted earlier this year, it appeared that he did not understand the issues at all and was setting his fans up to be extremely disappointed once […]
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Declassified Report Shows DHS Tried To Fulfill Trump’s Antifa Fantasies When Handling Portland Protests
After weeks of protests erupted following the murder of unarmed black man George Floyd by Minneapolis police officer Derek Chauvin, President Trump made it clear he felt the protesters were the real problem. As he stated immediately following his election, he was here to end the “dangerous anti-police atmosphere in America.” He followed through with […]
Nobody Seems To Have An Answer For Propaganda Posing As Local News
While traditional local papers deserve no shortage of blame for their failure to adapt, media scholars have long pointed out that media consolidation paved the way for a lot of the problems we’re seeing today. The end result of consolidation was the gradual elbowing out of small local news outfits, leaving the sector peppered with […]
Report Shows Los Angeles Sheriff’s Department Wastes Most Of Its Time Hassling Minorities
The Los Angeles Sheriff’s Department has long since abandoned any pretense of serving the public. In fact, it may never have pretended to respect this ideal at any point in its history. It has been a rogue agency for years, openly hostile to oversight, boldly breaking the laws it has sworn to uphold, filling its […]
How Price Tourism Propelled A Switch Game To Nintendo Switch Fame
While we’ve had a lot of conversations about how some forward-thinking content creators have managed to look at understandably frustrating things like copyright infringement as opportunities rather than threats. There’s a lot of ways that can happen: looking at infringement as free marketing research, looking at it as an avenue for exposure, looking at infringers […]
Iowa City Officials Prove They Aren’t Fascists By Arresting An Activist Twice For Calling Them Fascists
I’m not here to make broad statements about the state of Iowa, its various governing entities, or its court system, but it does seem that the state periodically struggles with recognizing long-held, pretty much unassailable rights. Lots of assailing in recent years, with only one instance working out for the government, and even that’s unlikely […]
Bullshit Reporting: The Intercept’s Story About Government Policing Disinfo Is Absolute Garbage
Do not believe everything you read. Even if it comes from more “respectable” publications. The Intercept had a big story this week that is making the rounds, suggesting that “leaked” documents prove the DHS has been coordinating with tech companies to suppress information. The story has been immediately picked up by the usual suspects, claiming […]
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Hey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve
It’s kind of a rite of passage for any new social media network. They show up, insist that they’re the “platform for free speech” without quite understanding what that actually means, and then they quickly discover a whole bunch of fairly fundamental ideas, institute a bunch of rapid (often sloppy) changes… and in the end, […]
FCC Commissioner Brendan Carr Still Doesn’t Understand That Banning TikTok Doesn’t Fix The Actual Problem
We’ve noted repeatedly how FCC Commissioner Brendan Carr doesn’t have the authority to regulate social media. And over in the sector he does actually regulate, telecom, Carr is routinely a no show. He’s been a consistent opponent of holding telecom monopolies like AT&T accountable for pretty much anything, and generally doesn’t believe government has any […]
Ninth Circuit Bucks Extremely Recent Trend, Says Chalking Tires Not A Fourth Amendment Violation
I have to admit I’m amused by recent court activity dealing with chalking tires. Something that has been done for years with zero protest — marking tires with chalk to determine how long a vehicle has been parked — is now fodder for federal appellate decisions. It’s a low tech solution to a low tech […]
Microsoft, Staring Down Regulators, Promises To Keep CoD On PlayStation
After Microsoft’s deal to acquire Activision Blizzard was announced, alongside its deal to acquire Zenimax/Bethesda, we’ve had a series of posts pointing out that this consolidation of the gaming industry has featured vague statements from Microsoft leaving everyone wondering about the exclusivity of major gaming franchises. One of those major franchises would be Activision’s Call […]
Techdirt Podcast Episode 336: The DSA Is A Mess, But Will Now Rule The Internet
There are big internet regulatory changes coming in the EU, with the Digital Services Act and the Digital Markets Act. Each is a huge bundle of new rules that could drastically change the future of the entire internet, and today we’re focusing on the DSA, which is set to come into force in 2024. Emma […]
Are Exaggerations About Cancel Culture Actually Leading To The ‘Self-Censorship’ People Screaming About Cancel Culture Are Worried About?
I think, by this point, I’ve made my overall views on the hype around “cancel culture” pretty clear. To me it seems to be just as much of a moral panic about free speech as most other moral panics, though couched in language that pretends it’s about supporting free speech. As with most moral panics, […]
Someone Decides To Say Something Less Stupid About Rainbow Fentanyl… And It’s A Cop
There’s a drug panic underway and the DEA is to blame. Ever since the appearance of multi-colored fentanyl pills on the scene, the DEA has somehow managed to surpass its normal ridiculous hyperbole in public statements, making all sorts of absurd claims about this new threat to the youth of America. Couple this hysteria with […]
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Section 230 Immunizes TikTok Against Suit Brought By Parent Whose Child Died Participating In A ‘Blackout Challenge’
Earlier this year, the mother of child who died of asphyxiation while participating in the so-called “Blackout Challenge” sued TikTok, alleging the company was directly responsible for her 10-year-old daughter’s death. The lawsuit claimed this wasn’t about third-party content, even though the content that the child allegedly emulated was posted on TikTok. Instead, the lawsuit […]
5G Hype Simply Didn’t Deliver
We’ve noted for several years how the “race to 5G” was largely just hype by telecoms and hardware vendors eager to sell more gear and justify high U.S. mobile data prices. While 5G does provide faster, more resilient, and lower latency networks, it’s more of an evolution than a revolution. But that’s not what telecom giants […]
Iowa Appeals Court Affirms State Cops Can’t Use Their Ignorance Of The Law To Justify Traffic Stops
In December 2014, the US Supreme Court extended its blessing of pretextual stops to cover imaginary moving violations. Ignorance of the law is the best excuse, cops were told in the Court’s Heien decision. All cops needed to do was make a “reasonable” error when interpreting the laws they enforce and that mistake could be […]
Finally: Countries Start To Rebel Against Corporate Sovereignty, But Ten Years Too Late
Back in 2013, Techdirt wrote about “the monster lurking inside free trade agreements”. Formally, the monster is known as Investor-State Dispute Settlement (ISDS), but here on Techdirt we call it “corporate sovereignty“, because that is what it is: a system of secret courts that effectively places companies above a government, by allowing them to sue […]
Report Again Finds Broadband ISPs Charge Minority, Poor Neighborhoods More
The regional monopolization of U.S. broadband (and the widespread corruption that protects it) comes with all manner of nasty side effects. The lack of competition at the heart of the country’s telecom economy contributes to high prices, comically bad customer service, slow speeds, spotty coverage, annoying fees, and privacy and net neutrality violations (since there’s often no […]
Washington Bikini Baristas Lose 1st Amendment Challenge To City Ban, But Win On Equal Protection Cause Claims
One interpretation of the First Amendment has been found by the federal courts (both levels) to be far more interesting than meritorious. But the plaintiffs have at least made the court (and the city of Everett, Washington) admit that an ordinance expanded solely for the purpose of preventing baristas from wearing bikinis while serving, treats […]
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Let’s Talk About Twitter Verification!
You may recall that, back in April, Elon Musk announced that one of his plans was to “authenticate all real humans” on Twitter. This was his plan to somehow magically get rid of spam. As we noted at the time, doing so would create some pretty serious questions regarding freedom of speech on the platform […]
Ready Or Not, Here Comes Net Neutrality War 2.0
I’ve got some bad news for those of you who were frustrated or bored by decades of net neutrality bickering: it’s about to kick off all over again. And this time it’s even more global. In the UK, US, EU, and South Korea, telecom lobbyists have been making successful inroads on plans that would force […]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, our first place winner on the insightful side is a simple anonymous comment about the attacks on libraries from big publishers: It’s depressing to know libraries could not exist if they were invented today because of greedy publishers. In second place, it’s Strawb responding to a commenter complaining about our praise of Vijaya […]
This Week In Techdirt History: October 23rd – 29th
Five Years Ago This week in 2017, it was looking like the FCC would use the upcoming Thanksgiving holiday to hide its unpopular plan to kill net neutrality, while a Verizon-funded group was claiming that killing the rules would really help Puerto Rico. The DOJ subpoenaed Twitter about Popehat and others over a smiley emoji […]
Red Bull Loses To Bullards, A Gin Maker, Over Trademark Opposition
There must be something about being an energy drink company that turns you into a trademark bully turd sandwich. The stories about Monster Energy, for instance, are absolutely legendary and legion. Meanwhile, Red Bull, the other large player in the energy drink space, has far fewer chiding posts from us, but there are still a […]
Can We Count The Ways In Which Elon Is Going To Regret Owning Twitter?
Nilay Patel over at The Verge has written a fantastic article, Welcome to Hell, Elon, highlighting the many, many ways in which Elon Musk is likely going to be regretting the fact that he now owns Twitter. I will note that many of the links in the article are to some of my stories here […]
FTC Takes Personal Aim At Drizly CEO For Crap Security Practices
Thanks to our corruption-fueled failure to pass even a basic privacy law for the internet era, the US has seen a steady parade of privacy scandals, hacks, and data breaches. More often than not involving companies with pathetic privacy and security standards, which are dinged repeatedly with pathetic wrist slap fines that are just absorbed […]
Yes, Chances Are Elon Musk Will Make Twitter Way Worse, But He Could Make It Better
To date, Elon Musk has shown very little inclination to actually understand Twitter and why it has been such a useful platform to many. His understanding of free speech and content moderation hasn’t just been generally lacking, but ridiculous. And that’s not even getting into his apparently purposely obtuse misunderstanding of spam/mDAU issues. And, so, […]
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Elon Musk’s First Move Is To Fire The Person Most Responsible For Twitter’s Strong Free Speech Stance
Last night, Elon Musk closed his on-again, off-again, on-again deal to buy Twitter, and his very first order of business was to fire a bunch of top executives. This was not necessarily unexpected. When new owners come in, they will often clean house, and the text messages revealed as part of the lawsuit while Musk […]
Netflix Kicks Back At Big Telecom’s Plan To Tax Big Tech In US And EU
Telecom lobbyists have been working overtime in both the US and EU, trying to get policymakers to support the idea of “Big Tech” paying “Big Telecom” billions of additional dollars for no coherent reason. This taxation effort always involves some variant of the claim that popular tech services are getting a “free ride” on the […]
Anti-Cheat Software Continues To Be The New DRM In Pissing Off Legit Customers
Long-time readers here will know that one of the consistent themes over the years when it comes to video game DRM has been the absolute plethora of anecdotal stories you get about how DRM screwed up the playing experience for legitimate customers. Performance issues, inability to play online or single-player campaigns due to DRM failures, […]
Ohio Supreme Court Tells Cops They Can’t Hide All Their Use Of Force Reports Under Investigatory Records Exemption
Open records laws were passed because governments simply aren’t interested in voluntarily sharing their documents with the people that foot the bill for both the people and the paper. But governments have to pass these laws, in essence forcing transparency upon themselves. Since most governments seem to be more interested in opacity, massive holes in […]
Justice Thomas Still Likes Prince On Thursdays, And What That Means For The Future Of Fair Use
I’ll start this post with a bit of whimsy before alarming you with the sense of doom portended by the stakes involved with last week’s oral argument at the US Supreme Court in Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith. In this case the Warhol Foundation is trying to get SCOTUS to […]
Donald Trump Tells The Supreme Court That Social Media Is A Common Carrier; Never Mentions His Own Social Media Site
Last month, Florida officially asked the Supreme Court to review the detailed 11th Circuit ruling which mostly upheld the district court ruling saying that Florida’s social media content moderation law was unconstitutional under the 1st Amendment. Earlier this week, NetChoice and CCIA argued that the 11th Circuit was (mostly) correct in trashing the law, but […]
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Yet Another Renter Sues Hertz After He And His Teen Daughter Were Held At Gunpoint By Cops Following A Bogus Theft Report
It seems like every couple of weeks there’s another report of a Hertz customer being treated like a thief because the car rental company can’t be bothered to do even the most minimal of due diligence or follow-up. At this point, there are more than 100 plaintiffs involved in class action lawsuit claiming Hertz has […]
Surprise: Big Telecom Ripped Off A Broadband Subsidy Program For Low Income Americans
Early in the pandemic, the FCC launched the Emergency Broadband Benefit (EBB program), which gives low income Americans a $50 discount off of their broadband bill. Under the program, the government gave money to ISPs, which then doled out discounts to users — if they qualified. But (and I’m sure this will be a surprise […]
Investigation: Child Protective Services Agencies Nearly Always Blow Off Warrant Requirements To Enter Homes
Governments set up rules governing how they govern. Then they ignore them. So, what’s the point? Is it a nod to decorum before the proverbial government party guest throws up in the bathtub and hits on your mom? If the law says an entry order or warrant is needed to enter people’s homes to investigate […]
Unfortunately, Paying For The Public Domain Already Exists In Many Countries
A couple of weeks ago, we reported on a terrible idea in France: requiring companies to pay for the use of public domain material. As the post explained, this is a subversion of what it means for something to enter the public domain, and a betrayal of the implicit bargain of copyright. Fortunately, the plan was dropped, […]
Signal Says It Will Exit India Rather Than Compromise Its Encryption
Signal ensures its users’ security and privacy by encrypting their messages and refusing to collect a bunch of data governments or malicious hackers might find useful or interesting. That hasn’t made it many friends in governments (except with government officials who utilize the service to dodge public records requests). An FBI official once compared Signal […]
Why Embedding Content Matters
Imagine waking up in the morning, grabbing your hot cup of coffee, and scrolling your favorite blog post or website, only to find it looking like this: Images are missing. Video content is not there. Nothing but an empty black void staring back at you. This is what could happen if a recent case brought […]
Brazil’s Governments Amps Up Anti-Free Speech Tactics Ahead Of National Election
The Brazilian government — under the “leadership” of Donald Trump Mutual Admiration Society member Jair Bolsonaro — has been steadily cracking down on free speech under the guise of saving the public from “fake news” and other misinformation. Over the past few years, it has ramped up efforts to eradicate content and reporting that it […]
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