Elena Kagan

This week, the U.S. Supreme Court made prosecuting online harassment more difficult. In a 7-2 ruling on Tuesday, SCOTUS determined that a lower court’s decision to convict and imprison a Colorado man for stalking was flawed. The majority opinion in the case (Counterman v. Colorado), authored by Justice Elena Kagan, clarifies limits on what sorts of digital communication can be considered criminal and raises the bar for assessing online threats.Teenage Cybercrime Gang LAPSUS$ Strikes AgainBilly Raymond Counterman, the…

The United States Supreme Court declined to hear an appeal to a lawsuit attempting to hold Reddit liable for allegedly letting sexually explicit images of minors run amok on its site. Tuesday’s decision marks the third time in less than a month the court has danced around high-profile cases that could open Section 230 of the Communications Decency Act—tech companies’ top liability shield—up to new scrutiny. By declining to hear the case, SCOTUS left in place a lower court ruling which said Reddit cannot be held liable for…

The Supreme Court dodged a legal landmine Thursday by saying it didn’t need to reinterpret Big Tech’s most crucial legal liability shield, ruling in favor of Google and Twitter in a pair of terrorism lawsuits lodged against them. The court’s decision means Section 230 of the Communications Decency Act— a 1996 provision that prevents platforms from being held liable for content generated by its users—will remain unchanged.Google’s Antitrust Case Is the Best Thing That Ever Happened to AISection 230 supporters feared a…

The Supreme Court ruled that Campbell’s soup can painter Andy Warhol violated a photographer’s copyright when he borrowed from her 1981 portrait of Prince. It’s a case that will have sweeping implications for intellectual property law in the US.Getty Images Wants AI to Stop Copying ThemPhotographer Lynn Goldsmith sued the Warhol Foundation, arguing that the pop artist infringed on her copyright when he made a silkscreen print using one of her photographs. You don’t have to pay the original artist if it’s fair use, which…

Photo: Drew Angerer (Getty Images)During a combative Senate Judiciary Committee hearing Wednesday, Senate lawmakers from both sides of the political aisle doubled down on calls to gut major provisions of the internet’s most important legal liability shield. The senators slammed tech companies for allegedly putting profits over user safety and criticized members of the Supreme Court who appeared hesitant to upend Section 230 protections during oral arguments last month. Supporters of Section 230 say its provisions are…

The future of online expression, as it’s currently understood, could come down to five hours of oral arguments held in the Supreme Court’s chambers this week. Justices heard from lawyers both attacking and defending Big Tech’s strongest legal shield: Section 230 of the Communications Decency Act.Read more... The future of online expression, as it’s currently understood, could come down to five hours of oral arguments held in the Supreme Court’s chambers this week. Justices heard from lawyers both attacking and…

Photo: Drew Angerer (Getty Images)Supreme Court justices whipped out their dictionaries and a deep bucket of metaphors Wednesday in a cumbersome attempt to understand whether or not social media companies can be held legally liable for promoting ISIS videos under anti-terrorism laws. Stolen jewelry, banks, imaginary burglars, and a young Osama bin Laden were all invoked in a testy two-hour oral argument.The historic hearing came just one day after justices heard arguments for and against removing liability protections for…

Photo: Chip Somodevilla (Getty Images)U.S. Supreme Court justices may be many things, but they definitely aren’t social media experts. The justices roasted themselves during oral arguments Tuesday of a case against Google that could determine the fate of nearly all speech online. Tech companies and advocates fear a ruling against Google could fundamentally alter the way the internet works and lead to a “horror show” of offensive, unhelpful content. Justices listening to the arguments were very, very confused.“​​We really…

Far-right media figure Laura Loomer who has unsuccessfully sued Twitter and Facebook for banning her on their platforms, pictured in 2019.Photo: Stephanie Keith (Getty Images)The U.S. Supreme Court put a controversial new Texas law on hold in a 5-4 decision late Tuesday. The law would allow social media users to sue companies like Twitter, YouTube, and Facebook if those users felt they were being “censored” online.The Texas law, which was signed by Gov. GregAbbott in September 2021, would force social media companies to…

A person walks down the sidewalk near the U.S. Supreme Court building in Washington, D.C., February 16, 2022.Jon Cherry | ReutersThe Supreme Court on Tuesday blocked a controversial Texas social media law from taking effect, after the tech industry and other opponents warned it could allow for hateful content to run rampant online.The decision does not rule on the merits of the law, known as HB20, but reimposes an injunction blocking it from taking effect while federal courts decide whether it can be enforced. The Supreme…