Conditioning 230 immunity on opening yourself up to legal liability under consumer protection law is a Rube-Goldberg-esque legal contraption intended to do what the First Amendment clearly forbids: forcing websites to host user-generated content they find objectionable.
The Internet Archive National Emergency Library – A National Treasure In Uncertain Times or Mass Piracy?Joseph Petersen, James Trigg, and Olivia Poppens
Publishers allege not only that the NEL constitutes broad copyright infringement, but that the entirety of the Internet Archive’s library services do as well.
This article discusses CCPA private litigation trends to date, summarizes the California Attorney General regulations and a ballot initiative that may be on the November 2020 ballot.
The assertion that the First Amendment protects photo scraping has been met with skepticism from both privacy advocates and First Amendment lawyers.