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Updated 2025-04-22 15:47
How The Dobbs Decision Will Lead To Attacks On Free Speech; Or, Why Democrats Need To Stop Undermining Free Speech
We’ve talked about the unfortunate bipartisan attacks on free speech, which are best understood as attempts to control the narrative. Republicans have been attacking free speech in multiple ways — from trying to ban books and take away teacher autonomy to trying to compel websites to host content against their will. Democrats, on the flip […]
All The Fastest U.S. ISPs Are, Once Again, Small, Independent Competitors Or Local Governments
We’ve spent years laying out mountains of documented evidence on how the U.S. broadband is a heavily monopolized mess largely protected and pampered by captured lawmakers and regulators. The impact of this lack of meaningful competition is everywhere, from historically terrible customer satisfaction rates, to high prices, slow speeds, and spotty coverage. 83 percent of […]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, our first place winner on the insightful side is MathFox with a comment about the troubles at Truth Social: What ‘Truth Social’ shows is how easy it is easy to create an Internet platform. It also shows how hard it is to make an Internet platform successful. In second place, it’s Thad with […]
This Week In Techdirt History: June 26th – July 2nd
Five Years Ago This week in 2017, Zillow got very angry about the McMansion Hell blog and sent a ridiculous legal threat, then followed up with a second equally wrong letter, then finally kinda-sorta backed down a little bit after the EFF got involved. The copyright office was recognizing that the DMCA is a problem […]
U.S. Appeals Court: Amazon Has To Go To Trial To See If Public Will Confuse Fire TV Streaming With Porn
Sigh, here we go. Back in 2014, Wreal LLC filed a trademark infringement suit against Amazon. Why? Well, Wreal has a product called FyreTV that it describes as “the Netflix of porn.” Amazon has a streaming service for decidedly non-pornographic content called Fire TV. Wreal came into court armed with a couple of social media […]
Court To Litigants: A City Taking Down Its Own Statue Doesn’t Violate Your First Amendment Rights
Some days, it has got to suck to be a judge. Well, actually a lot of days. Most judicial work is tedious, including contractual disputes or bankruptcy proceedings or maritime law or any dozens of other aspects of litigation that would put most people to sleep. On other days though, it’s a particular kind of […]
Congress And The SEC Are Getting Basically Everything Wrong In Trying To Respond To ‘Meme Stocks’
As you’ll recall, a year and a half ago, much of the world who didn’t live on the WallStreetBets forum were introduced to the concept of meme stocks. As we discussed at the time, much of the embrace of such stocks by retail investors was really about people who were fed up with feeling like […]
Because Vulnerable People Need Section 230, The Copia Institute Filed This Amicus Brief At The Eleventh Circuit
It is utterly and completely irrational for people who defend the vulnerable to call for the destruction of Section 230. Section 230 helps protect vulnerable people by making it possible to speak out against those who would hurt them. Weakening the critically important protection it provides online platforms would only weaken these platforms’ ability to […]
Devin Nunes Loses Yet Another SLAPP Suit, This Time In California
Devin Nunes’ campaign to intimidate and silence his critics with a flood of SLAPP suits has hit another stumbling block. While he and his lawyer, Steven Biss, had mostly avoided filing lawsuits in states with strong anti-SLAPP laws, including his “home” state of California, for some reason in the fall of 2020 he sued Twitter […]
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Kentucky Supreme Court Says Warrants Are Needed For Real-Time Cell Location Pings
In 2018, the Supreme Court declared warrantless access to historical cell site location information unconstitutional, given the privacy implications of being able to track someone’s movements over days or weeks without bothering to secure a warrant. Prior to this decision, cell site location info (CSLI) was treated as a third party record, requiring neither a […]
‘Big Telecom’ Still Wants ‘Big Tech’ To Give Them Billions Of Dollars For No Coherent Reason
For literally twenty-five years now, telecom monopoly executives the world over have been trying to force big tech companies billions of dollars for no coherent reason. It began with AT&T’s attempt to double dip on Google; which spurred the entire net neutrality war. The complaint by telecoms has long since moved global, as they try […]
Yet Another EU Data Protection Authority Says Google Analytics Violates The Law
It’s kind of weird that in some convoluted way, the NSA may be killing Google Analytics, at least in the EU. You may recall that back in 2020, Max Schrems won his second big data privacy effort against the EU/US Privacy Shield agreement, which allowed data from people in the EU to be transferred to […]
Parody Post About Nintendo’s IP Bullying Hits All The Right Notes
When I repeatedly use Nintendo as something of a virtual punching bag, it pisses off some of the company’s loyal fans. This has never made sense to me. Those fans should be pissed at Nintendo and all the different avenues the company takes just to make sure being a Nintendo fan is as difficult as […]
Google Gives In To Republican Political Spammers: Launching Pilot Program To Whitelist Them Out Of Spam
What a dumb news cycle. As we noted, mainly driven by the preferred political spam mongers for Republicans, a study from some computer scientists was completely misrepresented to argue (falsely) that Google was deliberately censoring Republican politician emails. As we’ve repeatedly noted, the study actually found that while a clean Gmail account would flag more […]
Italian Exploit Developer Follows Hacking Team’s Lead, Sells Powerful Spyware To Human Rights Violators
Italian malware developer Hacking Team began making headlines in 2014. Infections uncovered by researchers at Toronto’s Citizen Lab and Russia’s Kaspersky Lab were traced back to servers located in the United States, Canada, UK, and Ecuador. The US servers topped the list. The second place finisher, however, was Kazakhstan. Here’s a summary of the Kazakhstan […]
Angry Crypto Firm Posts Weird Cease & Desist Letter To Its Own Blog; DMs It To Critics
You know things are going just great in crypto-land when a cryptocurrency company has to post a vague cease-and-desist letter to its own blog. Everything about this is bizarre, but it culminated in this very strange cease-and-desist blog post by Nexo. There is a separate blog post that sort of, but not quite, tries to […]
The Future Of Policing In China Is Pervasive, Surveillance-Driven Law Enforcement Crystal Balls
China is choked by surveillance. It’s everywhere and it touches every aspect of its citizens’ lives. The government uses it to stifle dissent, control the population, and persecute undesirables. Law enforcement has been doing pre-crime for years, but China’s version is amped up and all-consuming. “Guilty until forever” is the guideline in China, where massive […]
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Philippines Orders Critical News Organization, Rappler, Shut Down; Just As Rappler’s Founder Argues Against Free Speech
We’ve written about Rappler, the very successful Filipino investigative news organization founded by reporter Maria Ressa, multiple times over the past few years. Rappler was very critical of the Rodrigo Duterte administration, but it’s reporting was solid. Back in 2018, the Filipino SEC announced that it was going to shut down Rappler, in a move […]
FCC’s Carr Once Again Heads To The Fainting Couch Over TikTok
A week or two ago we noted how there was a mass panic because TikTok was found to be sharing U.S. user data with executives at the company’s Chinese parent company, ByteDance. This was in stark contrast to the strict, U.S.-based data management controls the company claimed to be implementing, and, to be clear, was […]
Trump Doesn’t Want To Get Back On Twitter So Badly, He’s Appealing His Case To Get Back On Twitter
In April, Donald Trump insisted he had no interest whatsoever in getting back on Twitter (in response to questions about whether or not Elon Musk would allow him back, should he ever close his Twitter purchase). In May, Donald Trump lost his lawsuit trying to force Twitter to reinstate him. In June, Donald Trump (who […]
Enjoy Digital Ownership And Public Libraries While You Still Can
Michael E. Karpeles, Program Lead on OpenLibrary.org at the Internet Archive, spotted an interesting blog post by Michael Kozlowski, the editor-in-chief of Good e-Reader. It concerns Amazon and its audiobook division, Audible: Amazon owned Audible ceased selling individual audiobooks through their Android app from Google Play a couple of weeks ago. This will prevent anyone from buying […]
Please Take A Moment To Celebrate How A Very Different Supreme Court Saved The Internet 25 Years Ago
The terrible, awful, no good, horrible plans to regulate the internet keep coming faster and furiouser these days. So, it’s worth remembering a time back when Congress passed one of the worst laws about the internet: the Communications Decency Act. Yes, these days we talk about the CDA more reverently, but that’s only because we’re […]
How The Internet Enabled A Mariners Fan And DoorDash Driver To Connect And Do Something Cool
The world can be an awful, horrible place. Lately, it feels like, in America, things are only getting more difficult. And, because my country loves its scapegoats, the internet has been routinely blamed for all the country’s, perhaps the world’s, ills. Insurrections, political radicalization, obesity, poor socialization, literally any sub-optimal thing to do with children: […]
California Legislators Seek To Burn Down The Internet — For The Children
I’m continuing my coverage of dangerous Internet bills in the California legislature. This job is especially challenging during an election year, when legislators rally behind the “protect the kids” mantra to pursue bills that are likely to hurt, or at least not help, kids. Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get […]
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NSO Lawyer Tells Lawmakers Company Can Count To Five, Will Need More Time To Count Higher Than That
Israeli phone malware manufacturer NSO Group has plenty of customers. Or at least it did until the Israeli government edited the company’s list of approved customers and the US government slapped sanctions on it. NSO has sold its malware to plenty of abusive governments with long histories of human rights violations. It has also sold […]
Clarence Thomas REALLY Wants To Make It Easier For The Powerful To Sue People For Criticizing Them
As we’ve discussed before, Supreme Court Justice Clarence Thomas really does not like the “actual malice” standard required to make a defamation claim against a public figure, as laid out in the extremely important NY Times v. Sullivan case. The actual malice standard confuses many people, because it’s not actually about malice. The standard is […]
Facebook Bans People For Simply Saying Abortion Pills Exist
On the one hand, content moderation at the scale modern social media companies operate at is an impossible nightmare. Companies are always going to lack the staff and resources to do it well (raising questions about the dangers of automation at scale), and they’re always going to screw things up for reasons well discussed. At […]
Trump’s Truth Social Big Payday May Be Falling Apart
Donald Trump promised to take the social media world by storm with his Truth Social Twitter-clone for the MAGA world. “Free speech!” he claimed as he banned anyone who criticized him. Of course, from the beginning, many suspected that this was all a very sketchy grift, using a SPAC to try to cash in on […]
Dairy Queen Loses On ‘Blizzard Water’ Trademark Suit With W. B. Mason
Late last year we discussed a plainly stupid trademark lawsuit brought by Dairy Queen, which makes tasty frozen snacks, and W.B. Mason which is a strange combination of furniture and grocery store. At issue was the latter’s attempt to trademark some bottled water it sells under the brand “Blizzard Water”. Notably, W.B. Mason had sold […]
EU Officials Finally Coming To Terms With The Fact That The GDPR Failed; But Now They Want To Make It Worse
Ever since it came into effect, we’ve been calling out how the EU’s General Data Protection Regulation (GDPR) was an obviously problematic bit of legislation. In the four years since it’s gone into effect, we’ve seen nothing to change that opinion. For users, it’s been a total nuisance. Rather than take the big US internet […]
Not Even Your ‘Smart’ Jacuzzi Is Safe From The Internet Of Broken Things
The Internet of things — aka the tendency to bring Internet connectivity to devices whether they need them or not — has provided no shortage of both tragedy and comedy. “Smart” locks that are easy to bypass, “smart” fridges that leak your email credentials, or even “smart” barbies that spy on toddlers are all pretty […]
China Unveils New Regulations Requiring Sites To Pre-Censor All Comments
As we see more and more western countries looking to regulate the internet in order to stifle speech they dislike, we’ve noted how much these efforts seem to be almost directly modeled on how China censors the internet. You might think that would be a reason to run in the other direction, but too many […]
Wherein The Copia Institute Tells The Supreme Court Not To Let Copyright Law Destroy Free Expression, A Rare Right We Ostensibly Have Left
I had to rewrite this post before it got published. I originally began it with some whimsy in response to the absurdity that copyright cases like these always engender. The idea that people could ever use their rights in previous expression to forbid someone else’s subsequent expression is almost too absurd to take seriously as […]
Security Researchers: Indian Police Agencies Digitally Planted Evidence To Frame Activists
Law enforcement agencies have access to very powerful digital tools. Thanks to companies with eyes on market expansion but very little consideration of moral or ethical issues, cops have the power to completely compromise phones, turning them into unwitting informants… or worse. This blockbuster report — written by Andy Greenberg for Wired and based on […]
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Do Not Expect Section 230 And The 1st Amendment To Save Antitrust Bills From Abuse
Over the last few weeks, we’ve written quite a bit about the American Innovation and Choice Online Act (AICOA), which has become the central push by a bunch of folks in Congress to create a special antitrust bill for “big tech.” There are some good ideas in the bill, but, as we’ve been highlighting, a […]
U.S. Companies Don’t Much Want To Talk About Abortion Data Collection And Protection
In response to the Supreme Court’s recent assault on female bodily autonomy, numerous U.S. corporations have issued statements stating they’ll be paying for employee abortion travel. You’re to ignore, apparently, that many of these same companies continue to throw millions of dollars at the politicians responsible for turning the Supreme Court into a dangerous, cruel, […]
Copyright Has Failed For Game Streaming, So Alternatives Have Emerged
An interesting development in the digital world has been the continuing rise of gaming as a hugely popular activity, and a hugely profitable industry. Flowing from that rise and popularity, there is yet another fascinating aspect: streaming games for entertainment. The best-known example of this phenomenon is Twitch, now owned by Amazon. A new paper by […]
Victims’ Rights Laws Abused Again To Hide Identities Of Officers Who Killed Someone
Ten states are currently home to a version of California’s “Marsy’s Law.” This law is a “victim’s rights” law, named after a California murder victim. It was written with the intent of involving crime victims in the criminal justice process, giving them a “right” to be heard during court proceedings, choose their own representation (rather […]
Facepalm: USPTO Grants Ohio State University Trademark On The Word ‘The’
For at least three years now, we have been discussing the goings on concerning a trademark application submitted by Ohio State University for using the word “the” on apparel. If your brain just came to a screeching halt, it may be because you’re not a college sports fan. See, Ohio State University absolutely loves referring […]
Germany Says “Hell, No” To EU Proposal To Outlaw Encryption
Last month, we noted that there was a new “protect the children” bill that was proposed in the EU that would effectively outlaw encryption, while simultaneously require full internet scanning of basically all activity. As we noted in our post, it was still early in the process, and now the German government has stepped up […]
Supreme Court To Citizens: Miranda Rights Aren’t Actually Rights So No More Suing About Them
The “Miranda rights” established by the Supreme Court in 1966 are a little less guaranteed going forward. The Supreme Court has issued an opinion [PDF] that limits what citizens whose rights have been violated can do — limiting them to exercising these rights during criminal trials as a component of their Fifth Amendment rights. The […]
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Dangerous Ruling Says If Someone Goes Onto Your Openly Shared Google Drive, You Can Sue Them For Unauthorized Access
If you accidentally leave your Google Drive accessible to anyone with the URL, and someone goes there and deletes stuff, is that “unauthorized access” and a violation of the CFAA? To me, the answer should be absolutely not. But in this recent ruling the judge went the other direction (first noted by Evan Brown). So, […]
Verizon, AT&T Delay 5G Due To Ongoing Scuff Up Over Airplane Interference
Late last year, we noted how the FAA and the FCC (the agency that actually knows how spectrum works) had gotten into a bit of an ugly tussle over the FAA’s claim that 5G could harm air travel safety. The FAA claimed that deploying 5G in the 3.7 to 3.98 GHz “C-Band” would cause interference […]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, our first place winner on the insightful side is an anonymous response to some bargain-basement transphobic bigotry: I could point you at a trans discussing what its like to be a trans, but you are so aggressive towards trans people that i will not set an rabid dog on their case. Suffice to […]
This Week In Techdirt History: July 19th – 25th
Five Years Ago Although there’s no joy in thinking about the Supreme Court right now, it offered a mixed bag of decisions this week in 2017 that should be highlighted: it reminded the government that hate speech is 1A protected, it declined to hear the Dancing Baby copyright case despite the government’s admission of “serious […]
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