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Eric Goldman’s Website I am a Professor at Santa Clara University School of Law. I am also Associate Dean for Research, Co-Director of the Datta Center for High Tech Law (DCHTL) and Supervisor of the Privacy Law Certificate.
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CJEU Judgment on Geoblocking & Standards for Knowledge of Foreign Copyright Laws and Geoblocking Measures (Guest Blog Post)
by Prof. Marketa Trimble UNLV Boyd Law School Last month, while sitting at Amsterdam's Schiphol Airport, a passenger typed www.annefrankmanuscripten.org on her laptop to look up the website at issue in the latest judgment by the Court of Justice of...
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When You Reject Cookies, You Might Be Agreeing to Arbitration-Alba v. Harbor Freight
Starting in 2024, Harbor Freight deployed the following cookie banner: The court accepts Harbor Freight's claim that the "2024 Cookie Banner was displayed on each page on the Website until the user interacted with it, even if the user had...
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More Data on Online Age Authentication Balk Rates
In a prior post, I surveyed the rates at which consumers do not complete online age authentication processes, what I call the "balk" rate. There is no single canonical balk rate. It varies by destination behind the authentication wall, the...
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Apple Defeats Liability for Not Scanning iCloud Items for CSAM, But the Judge Was Not Pleased-Amy v. Apple
This case involves Apple's handling of user-uploaded files hosted in private iCloud storage. Instead of adopting PhotoDNA to scan hosted files for CSAM, Apple created its own proprietary alternative, NeuralHash, which apparently wasn't as good. So Apple U
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Large Roundup of Section 230 Rulings
This blog post rounds up nearly 20 Section 230 cases (and adjacent cases), mostly from the past four months, that for whatever reason I didn't cover in a standalone blog post. Section 230's effects are waning overall, but this post...
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