The U.S. Supreme Court opted to uphold the status quo as concerns Section 230 of the Communications Decency Act, opting in two separate cases not to strike down as unconstitutional the statutory provision that shield social media platforms from liability for user posts. The rulings, which involved Google, Twitter and Facebook, were greeted with relief by Big Tech. Although Congress has been vocal about paring back Section 230, a change in the law would be far less disruptive than the seismic aftershocks that would inevitably have been triggered by a reversal. Continue reading Supreme Court Sides with Social Media Platforms on Liability

In a 6-2 ruling, the U.S. Supreme Court took Google’s side in a copyright battle with Oracle over the former’s use of Java APIs in its Android operating system. Oracle, which had purchased Java in 2010 when it bought Sun Microsystems, sought billions of dollars in damages for what it claimed was copyright infringement. Google argued that free access to the Java software interfaces was important to innovation. Writing for the majority, Justice Stephen Breyer said that Google made “fair use” of the Java code. Continue reading Supreme Court: Google Engaged in Fair Use of Java Code

U.S. Supreme Court Justice Clarence Thomas suggested that tech platforms be regulated like utilities, in a concurrence he wrote to a decision to vacate a lower court’s ruling about former President Trump’s Twitter account. “There is a fair argument that some digital platforms are sufficiently akin to common carriers or places of accommodation to be regulated in this manner,” he wrote. Regulating such platforms like utilities could force them to make changes to current moderation policies against hate speech and harassment. Continue reading Justice Thomas Argues Big Tech Be Regulated Like Utilities

The Supreme Court has ruled that police need a search warrant to obtain data showing the location of cell phone users. Similar to rulings made in 2012 and 2014, the Supreme Court rejected the argument that police should have the same access as investigators do in order to examine business records held in banks or conduct physical surveillance. The ruling stated the “world of difference” between 1970s decisions allowing the limited personal information obtained in accessing business records and today’s digital records. Continue reading Court Rules Police Need a Warrant for Phone Location Data

The Supreme Court ruled in a 5-4 vote that states have the authority to collect sales taxes from online retailers, even if they don’t have a physical presence in the state. In doing so, the justices closed a loophole that helped Internet sales to grow and also overturned 50 years of its own precedents that banned states from collecting sales tax from companies without such physical presence. The decision did not follow typical ideological decisions, with liberal justice Ruth Bader Ginsburg joining conservative justices. Continue reading Supreme Court Lets States Collect Sales Tax From E-Tailers

The U.S. Supreme Court, in a 6-3 opinion written by Justice Samuel Alito, struck down the 1992 Professional and Amateur Sports Protection Act (PASPA), a federal law stipulating that states could not “sponsor, operate, advertise, promote, license, or authorize” sports gambling. The ruling, which sided with a challenge brought by New Jersey, now opens the door for states to allow legal gambling, upending an over-25 year ban. The major sports leagues have responded positively and enthusiastically to the new status quo. Continue reading U.S. Supreme Court Rules States Can Allow Sports Gambling

In a unanimous ruling, the U.S. Supreme Court tightened rules on where patent lawsuits may be filed. The consequences, say the experts, will make it much more difficult for patent trolls to seek out friendly courts that are likely to rule in their favor. Patent trolls are companies that buy patents solely to demand royalties and sue for damages. Currently, more than 40 percent of all patent lawsuits are filed in a federal court in East Texas, with a single judge there overseeing 25 percent of all nationwide patent cases. Continue reading Supreme Court Ruling Is Likely to Suppress Patent Troll Suits