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July 2020

MLRC Bulletin 2020 Issue 1

in this issue

Why Tying Section 230 to Political Neutrality Violates the First Amendment

Berin Szóka

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.

CCPA Private Litigation, Recent Developments and Potential New Privacy Legislation on the Horizon

Jim Snell, Marina Gatto and Gabriella Gallego

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.


Does the First Amendment Include a Right to Scrape Photographs from Public Websites?

Jeff Hermes

The assertion that the First Amendment protects photo scraping has been met with skepticism from both privacy advocates and First Amendment lawyers.