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Section 230

Massachusetts Supreme Judicial Court
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Commonwealth v. Meta Platforms — Massachusetts Supreme Court Rules Section 230 Does Not Shield Instagram’s Addictive Design

In a landmark ruling, the Massachusetts Supreme Judicial Court held that Section 230 of the Communications Decency Act does not immunize Meta from state-law claims that Instagram was deliberately designed to addict children — distinguishing platform design choices from third-party content moderation

U.S. District Court for the Northern District of California
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Bouck v. Meta — N.D. Cal. Holds Meta’s Generative-AI Advertising Tools Could Defeat Section 230 Immunity in Chinese Penny-Stock Pump-and-Dump

Chief Judge Seeborg denied Meta’s motion to dismiss claims by investors who lost more than $300 million to a Chinese penny-stock scam advertised on Facebook and Instagram, holding that Meta’s generative-AI advertising tool ‘Advantage+ Creative’ — which actually produced some

Pennsylvania Court of Common Pleas, Fayette County (Civil Division)
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Stranyak v. White Water Adventurers — Pennsylvania Court Denies Section 230 Shield to Booking Platform That Allegedly Edited Safety Content

A Fayette County, Pennsylvania trial court refused to dismiss a wrongful-death suit against FareHarbor — the platform that managed a rafting outfitter’s website — holding that Section 230 does not immunize a defendant alleged to have helped develop the offending content.

United States District Court for the Southern District of California
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The Upper Deck Co. v. Pixels.com — S.D. Cal. Holds Print-on-Demand Vendor Loses Section 230 Immunity for the Physical Sale of Infringing Prints, but Keeps It for Online Display and Search Tools

Chief Judge Bashant’s amended summary-judgment order in The Upper Deck Co. v. Pixels.com draws a clean line through Section 230 for print-on-demand platforms: when Pixels acts as a website operator displaying and indexing user-uploaded images, Section 230 immunizes it; when Pixels acts as the

Uncategorized

The Upper Deck Co. v. Pixels.com — S.D. Cal. Holds Print-on-Demand Vendor Loses Section 230 Immunity for the Physical Sale of Infringing Prints, but Keeps It for Online Display and Search Tools

Chief Judge Bashant’s amended summary-judgment order in The Upper Deck Co. v. Pixels.com draws a clean line through Section 230 for print-on-demand platforms: when Pixels acts as a website operator displaying and indexing user-uploaded images, Section 230 immunizes it; when Pixels acts as the

U.S. Court of Appeals for the Ninth Circuit
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NetChoice v. Bonta — Ninth Circuit Narrows the Injunction Against California’s Age-Appropriate Design Code Act

On the second trip up, the Ninth Circuit vacated most of the district court’s preliminary injunction against California’s Age-Appropriate Design Code Act — but kept the data-use and dark-patterns restrictions enjoined on vagueness grounds, leaving the statute partially in force.

United States Court of Appeals for the Ninth Circuit (unpublished memorandum disposition)
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McCarthy v. Amazon — Ninth Circuit Revives Sodium-Nitrite Suicide Suit Against Amazon; Section 230 Continues to Bar the Removed-Reviews Theory

An unpublished Ninth Circuit memorandum reverses the dismissal of product-liability, negligence, and NIED claims brought after two teenagers ingested sodium nitrite purchased from Amazon — but leaves intact the district court’s holding that Section 230 bars the part of the case premised on Ama

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McCarthy v. Amazon — Ninth Circuit Revives Sodium-Nitrite Suicide Suit Against Amazon; Section 230 Continues to Bar the Removed-Reviews Theory

An unpublished Ninth Circuit memorandum reverses the dismissal of product-liability, negligence, and NIED claims brought after two teenagers ingested sodium nitrite purchased from Amazon — but leaves intact the district court’s holding that Section 230 bars the part of the case premised on Ama

Supreme Court of Wisconsin
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State v. Rauch Sharak — Wisconsin Supreme Court Holds Google Was a Private Actor, Not a Government Agent, When It Scanned a User’s Account for CSAM

The Wisconsin Supreme Court joined a near-unanimous national consensus that an electronic service provider that scans user accounts for child sexual abuse material and reports its findings does so as a private actor, not a government agent — and that neither Section 230 nor 18 U.S.C. § 2258A convert

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State v. Rauch Sharak — Wisconsin Supreme Court Holds Google Was a Private Actor, Not a Government Agent, When It Scanned a User’s Account for CSAM

The Wisconsin Supreme Court joined a near-unanimous national consensus that an electronic service provider that scans user accounts for child sexual abuse material and reports its findings does so as a private actor, not a government agent — and that neither Section 230 nor 18 U.S.C. § 2258A convert

United States Court of Appeals for the First Circuit
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Stokinger v. Armslist — First Circuit Holds Years of In-State Firearm Listings, Combined With Site Design and Ad Revenue, Show Purposeful Availment

Reviving claims against the online firearms marketplace Armslist, the First Circuit held that 16,000 New Hampshire firearm listings per year — viewed together with the site’s geographic-listing design and the advertising revenue those listings generated — were enough to make a prima facie case

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Stokinger v. Armslist — First Circuit Holds Years of In-State Firearm Listings, Combined With Site Design and Ad Revenue, Show Purposeful Availment

Reviving claims against the online firearms marketplace Armslist, the First Circuit held that 16,000 New Hampshire firearm listings per year — viewed together with the site’s geographic-listing design and the advertising revenue those listings generated — were enough to make a prima facie case

Supreme Court of Iowa
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State ex rel. Bird v. TikTok — Iowa Supreme Court Holds TikTok’s Data Collection, Targeted Advertising, and Contractual Relationships Establish Specific Jurisdiction in Consumer-Fraud Suit Over App-Store Age Ratings

Iowa’s Attorney General sued TikTok over what she alleges are deceptive ’12+’ age ratings in the Apple App Store. A unanimous Iowa Supreme Court held that TikTok’s contractual relationships with hundreds of thousands of Iowa users, plus its targeted advertising and Iowa-speci

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State ex rel. Bird v. TikTok — Iowa Supreme Court Holds TikTok’s Data Collection, Targeted Advertising, and Contractual Relationships Establish Specific Jurisdiction in Consumer-Fraud Suit Over App-Store Age Ratings

Iowa’s Attorney General sued TikTok over what she alleges are deceptive ’12+’ age ratings in the Apple App Store. A unanimous Iowa Supreme Court held that TikTok’s contractual relationships with hundreds of thousands of Iowa users, plus its targeted advertising and Iowa-speci

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