Dec 172016
 

Montagna v. Nunis – arguing that for online speech to be protected, platforms need to be able to resist subpoenas demanding to unmask their users. [amicus brief on behalf of Floor64/The Copia Institute]

Hassell v. Bird – arguing that injunctions forcing non-party Internet intermediary platforms to delete content on their systems are contrary to federal law. [amicus letter on behalf of an online collaboration platform to California State Supreme Court in support of it hearing appeal]

Doe 14 v. Internet Brands – arguing on behalf of Floor64/The Copia Institute that 47 U.S.C. Section 230 pre-empts state laws that attempt to impose liability on Internet platforms who are alleged to have breached a “duty to warn” users of their systems and services of others’ use of them. [Ninth Circuit brief in support of petition for rehearing/rehearing en banc | reply to opposition to motion to file amicus brief]

Lenz v. Universal – arguing on behalf of Public Knowledge and the Organization for Transformative Works that, by only requiring DMCA takedown notice senders to have a “subjective” good faith belief that user-posted content infringes their copyrights, this weak standard invites illegitimate censorship of non-infringing speech in a way that the First Amendment does not permit. [Ninth Circuit brief in support of petition for rehearing/rehearing en banc | brief in support of a Petition for Writ of Certiorari at the United States Supreme Court]

Multi-time Machine v. Amazon – written on behalf of law professors arguing that the doctrine of initial interest confusion in trademark law does not apply to search engine results. [Ninth Circuit brief in support of petition for rehearing/rehearing en banc]

Smith v. Obama – written on behalf of the National Association of Criminal Defense Lawyers to argue that government surveillance programs targeting communications’ metadata violates the Fourth and Sixth Amendments. [Ninth Circuit brief]

Jewel v. NSA – written on behalf of the National Association of Criminal Defense Lawyers to argue that the NSA program diverting a copy of all of AT&T’s internet traffic to the government violates the Fourth, Fifth, and Sixth Amendments. [District Court brief | Ninth Circuit brief]

Garcia v. Google – arguing on behalf of Floor64/The Copia Institute and the Organization for Transformative Works that statutory law precluded enjoining an Internet platform hosting user-generated content to remove that content. [Ninth Circuit brief in support of petition for rehearing/rehearing en banc | brief in support of granted rehearing