Justia Communications Law Opinion Summaries

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A California corporation, China Unicom (Americas) Operations Limited (CUA), was authorized to provide domestic and international telecommunications services under certificates issued by the Federal Communications Commission (FCC) pursuant to § 214 of the Communications Act of 1934. In 2020, the FCC ordered CUA to show cause why its certificates should not be revoked due to national security concerns related to its Chinese government ownership. CUA responded, but the FCC found the responses inadequate and initiated revocation proceedings.The FCC's International, Wireline Competition, and Enforcement Bureaus issued an order to show cause, citing national security concerns and CUA's lack of candor. CUA argued against the revocation, claiming the FCC lacked authority and that it was entitled to a formal hearing. The FCC, however, found CUA's responses insufficient and proceeded with revocation based on national security risks and CUA's lack of trustworthiness.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the FCC has the authority to revoke § 214 certificates based on national security concerns and that the FCC's decision was supported by substantial evidence. The court found that CUA's ultimate Chinese government ownership and the overlap of its board members with the Chinese Communist Party posed significant national security risks. Additionally, the court upheld the FCC's finding that CUA demonstrated a lack of candor and trustworthiness in its dealings with the FCC.The court also rejected CUA's procedural arguments, concluding that the FCC followed appropriate procedures and that a formal evidentiary hearing was not required. The Ninth Circuit denied CUA's petition for review, affirming the FCC's revocation of CUA's § 214 certificates. View "CHINA UNICOM (AMERICAS) OPERA V. FCC" on Justia Law

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Ann Jones filed lawsuits against Bloomingdales.com, LLC, and Papa John's International, Inc., alleging that their websites used "session replay" technology to record her electronic communications, including mouse movements, clicks, and keystrokes, without her knowledge. She claimed this technology invaded her privacy by creating a detailed record of her website visits, which could be used for targeted advertisements and website improvements.In the Eastern District of Missouri, the district court dismissed Jones's complaint against Bloomingdales for lack of subject-matter jurisdiction, citing a lack of concrete injury as she did not allege the capture of sensitive information. In the case against Papa John's, the district court dismissed the complaint for lack of personal jurisdiction. Jones appealed both dismissals.The United States Court of Appeals for the Eighth Circuit reviewed the cases and consolidated them for oral argument. The court held that Jones did not plausibly allege a concrete injury in either case, affirming the lower courts' judgments. The court noted that Jones's allegations did not demonstrate that the session-replay technology captured any private or sensitive information, such as social security numbers, medical history, or financial details. The court compared the situation to a security camera in a physical store, where customers do not have a reasonable expectation of privacy regarding their general movements.The Eighth Circuit concluded that Jones lacked standing to sue because her allegations did not show a concrete harm to her privacy. The court emphasized that merely asserting an invasion of privacy without supporting facts is insufficient to establish standing. Therefore, the court affirmed the dismissals of both cases. View "Jones v. Bloomingdales.com, LLC" on Justia Law

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Plaintiffs, a group of sex-trafficking victims, were trafficked through advertisements posted on Backpage.com, an online advertisement forum. They sued Salesforce, a company that provided cloud-based software tools and related support services to Backpage. Salesforce moved for summary judgment on the grounds that section 230 of the Communications Decency Act bars Plaintiffs’ claims. Plaintiffs allege that Salesforce knowingly assisted, supported, and facilitated sex trafficking by selling its tools and operational support to Backpage even though it knew (or should have known) that Backpage was under investigation for facilitating sex trafficking.The United States District Court for the Southern District of Texas denied Salesforce’s motion for summary judgment, holding that section 230 does not shield Salesforce because Plaintiffs’ claims do not treat Salesforce as a publisher or speaker of third-party content. After denying Salesforce’s motion for summary judgment, the district court sua sponte certified its order for interlocutory appeal, identifying three controlling questions of law on which there may be substantial grounds for difference of opinion.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court’s denial of summary judgment. The court held that Plaintiffs’ claims do not treat Salesforce as the publisher or speaker of third-party content because they do not derive from Salesforce’s status or conduct as a publisher or speaker or impose on Salesforce any duty traditionally associated with publication. Therefore, section 230 does not provide immunity to Salesforce. The case was remanded for further proceedings consistent with this opinion. View "A. B. v. Salesforce" on Justia Law

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C.H., an eleven-year-old, was sexually exploited by a stranger on Omegle.com, an online platform that connects users in video chatrooms. The stranger, referred to as John Doe, threatened C.H. into creating child pornography. C.H.'s parents sued Omegle.com LLC, alleging violations of 18 U.S.C. § 2255 (Masha’s Law) for knowingly possessing child pornography and the Trafficking Victims Protection Reauthorization Act for knowingly benefiting from a sex trafficking venture.The United States District Court for the Middle District of Florida dismissed the claims, citing section 230 of the Communications Decency Act, which protects providers of interactive computer services from being treated as the publisher or speaker of user-provided information. The court also found that the sex trafficking claim did not meet the Fight Online Sex Trafficking Act (FOSTA) exception to section 230 because C.H.'s parents did not allege that Omegle.com had actual knowledge of benefiting from sex trafficking.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that C.H.'s parents did not state a claim under Masha’s Law because they failed to allege that Omegle.com knowingly possessed or accessed child pornography. The court also held that the FOSTA exception to section 230 requires actual knowledge of sex trafficking, not just constructive knowledge. Since C.H.'s parents did not plausibly allege that Omegle.com had actual knowledge of the sex trafficking incident involving C.H., the court affirmed the district court's dismissal of the claims. View "M.H., et al. v. Omegle.com LLC" on Justia Law

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The case involves the Protecting Americans from Foreign Adversary Controlled Applications Act, which was signed into law on April 24, 2024. The Act identifies certain countries, including China, as foreign adversaries and prohibits the distribution or maintenance of applications controlled by these adversaries, specifically targeting the TikTok platform. TikTok Inc. and ByteDance Ltd., along with other petitioners, challenged the constitutionality of the Act, arguing that it violates the First Amendment, the Fifth Amendment's equal protection and takings clauses, and the Bill of Attainder Clause.The lower courts had not previously reviewed this case, as it was brought directly to the United States Court of Appeals for the District of Columbia Circuit. The petitioners sought a declaratory judgment and an injunction to prevent the Attorney General from enforcing the Act. The court had to determine whether the petitioners had standing and whether their claims were ripe for judicial review.The United States Court of Appeals for the District of Columbia Circuit concluded that TikTok had standing to challenge the Act and that its claims were ripe. The court assumed without deciding that strict scrutiny applied to the First Amendment claims and upheld the Act, finding that it served compelling governmental interests in national security and was narrowly tailored to achieve those interests. The court also rejected the equal protection, bill of attainder, and takings clause claims, concluding that the Act did not constitute a punishment, was not overinclusive or underinclusive, and did not result in a complete deprivation of economic value. The petitions were denied. View "TikTok Inc. v. Garland" on Justia Law

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The case involves six plaintiffs who are users of Tornado Cash, a cryptocurrency mixing service that uses immutable smart contracts to anonymize transactions. Tornado Cash was sanctioned by the Office of Foreign Assets Control (OFAC) under the International Emergency Economic Powers Act (IEEPA) for allegedly facilitating money laundering for malicious actors, including North Korea. The plaintiffs argued that OFAC exceeded its statutory authority by designating Tornado Cash as a Specially Designated National (SDN) and blocking its smart contracts.The United States District Court for the Western District of Texas granted summary judgment in favor of the Department of the Treasury, finding that Tornado Cash is an entity that can be sanctioned, that its smart contracts constitute property, and that the Tornado Cash DAO has an interest in these smart contracts. The plaintiffs appealed this decision.The United States Court of Appeals for the Fifth Circuit reviewed the case and focused on whether the immutable smart contracts could be considered "property" under IEEPA. The court concluded that these smart contracts are not property because they are not capable of being owned, controlled, or altered by anyone, including their creators. The court emphasized that property, by definition, must be ownable, and the immutable smart contracts do not meet this criterion. Consequently, the court held that OFAC exceeded its statutory authority by sanctioning Tornado Cash's immutable smart contracts.The Fifth Circuit reversed the district court's decision and remanded the case with instructions to grant the plaintiffs' motion for partial summary judgment based on the Administrative Procedure Act. The court did not address whether Tornado Cash qualifies as an entity or whether it has an interest in the smart contracts, as the determination that the smart contracts are not property was dispositive. View "Van Loon v. Department of the Treasury" on Justia Law

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The case involves a challenge to Texas House Bill 20 (H.B. 20) by NetChoice, L.L.C. and the Computer & Communications Industry Association (CCIA). The plaintiffs argue that H.B. 20, which regulates content moderation by social media platforms, violates the First Amendment. The Supreme Court previously emphasized that facial challenges to state laws, especially under the First Amendment, require a thorough exploration of both the law's unconstitutional and constitutional applications. The Supreme Court found the record in this case to be underdeveloped, necessitating further factual discovery to determine who and what activities are covered by H.B. 20 and how these activities burden expression.The United States District Court for the Western District of Texas initially reviewed the case. The district court largely agreed with the plaintiffs that the issues were purely legal questions and required the State of Texas to complete discovery in a short period to avoid burdening the plaintiffs. The district court blocked extensive discovery, which the Supreme Court later indicated was necessary for a proper evaluation of the case.The United States Court of Appeals for the Fifth Circuit is currently reviewing the case. The court remanded the case to the district court for further proceedings consistent with the Supreme Court's instructions. The district court must now determine the full range of activities covered by H.B. 20, identify the actors involved, and assess how content moderation decisions burden expression. The district court must also separately consider the individualized-explanation provisions of H.B. 20 and evaluate whether these provisions unduly burden expressive activity. The Fifth Circuit emphasized that plaintiffs bear the burden of developing a factual record to support their facial challenge to H.B. 20. The case is remanded for further factual development and analysis. View "NetChoice v. Paxton" on Justia Law

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The case involves a claim by Mitchell against Race under the Florida Security of Communications Act, which prohibits recording phone calls without the consent of all parties. Mitchell alleged that Race, while out of state, recorded phone calls with him, a Florida resident, without his consent. The central issue was whether Florida courts have personal jurisdiction over Race, a nonresident defendant.The trial court focused on whether Race committed a tortious act in Florida, concluding that he did because the interceptions occurred where Mitchell's statements were made. The court also found that exercising personal jurisdiction over Race did not violate due process. On appeal, the Fourth District Court of Appeal reversed the trial court's decision, concluding that Race lacked sufficient minimum contacts with Florida to justify personal jurisdiction. The Fourth District did not address whether Race committed a tortious act in Florida but certified conflict with a previous case, France v. France, which addressed the first step of the jurisdictional test.The Supreme Court of Florida initially accepted jurisdiction to resolve the certified conflict. However, after further consideration, the court concluded that the conflict was not clear and that the record was insufficient to address the due process issue analyzed by the Fourth District. Consequently, the Supreme Court of Florida decided to discharge jurisdiction and dismiss the proceeding, determining that the issues presented were largely academic given the unique procedural history of the case. View "Mitchell v. Race" on Justia Law

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The plaintiff, Kathleen Vita, alleged that New England Baptist Hospital (NEBH) and Beth Israel Deaconess Medical Center, Inc. (BIDMC) violated the Massachusetts wiretap act by collecting and transmitting her browsing activities on their websites to third parties for advertising purposes without her consent. Vita accessed information about doctors and medical conditions on the hospitals' websites and claimed these interactions were "wire communications" protected by the wiretap act. She did not allege that private patient records or messages to healthcare providers were intercepted.The Superior Court denied the hospitals' motions to dismiss Vita's complaints, leading to the hospitals' appeal. The Supreme Judicial Court of Massachusetts granted direct appellate review.The Supreme Judicial Court of Massachusetts held that the term "communication" in the wiretap act is ambiguous as applied to web browsing activities. The court found that the legislative history of the wiretap act focused on the secret interception of person-to-person conversations and messaging, particularly private ones, and did not clearly extend to interactions with websites. Given this ambiguity, the court applied the rule of lenity, which requires that any ambiguity in a criminal statute be resolved in favor of the defendant. Consequently, the court concluded that the wiretap act does not unambiguously prohibit the interception of web browsing activities and reversed the Superior Court's denial of the hospitals' motions to dismiss. View "Vita v. New England Baptist Hospital" on Justia Law

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A group of major record labels sued Grande Communications Networks, LLC, an internet service provider, for contributory copyright infringement. The plaintiffs alleged that Grande knowingly provided internet services to subscribers who used them to infringe on the plaintiffs' copyrighted works. The plaintiffs presented evidence that Grande received over 1.3 million infringement notices from Rightscorp, a company that identifies infringing activity on peer-to-peer networks, but Grande did not terminate or take action against repeat infringers. Instead, Grande continued to provide internet services to these subscribers, despite knowing about their infringing activities.The United States District Court for the Western District of Texas held a three-week jury trial. The jury found Grande liable for willful contributory copyright infringement and awarded the plaintiffs $46,766,200 in statutory damages. Grande moved for judgment as a matter of law (JMOL) on the issue of liability and for a new trial on damages, but the district court denied these motions. Grande then appealed, challenging the district court's rulings on its JMOL motion, the jury instructions, and the final judgment. The plaintiffs filed a conditional cross-appeal regarding a jury instruction.The United States Court of Appeals for the Fifth Circuit reviewed the case and upheld the jury's verdict, finding that the plaintiffs had provided sufficient evidence to support the jury's finding of contributory copyright infringement. The court concluded that Grande had knowledge of its subscribers' infringing activities and materially contributed to the infringement by continuing to provide internet services without taking basic measures to prevent further damage. However, the court found that the district court erred in awarding statutory damages for each individual song rather than for each album, as the Copyright Act treats all parts of a compilation as one work for statutory damages purposes. Consequently, the court vacated the damages award and remanded the case for a new trial on damages. The plaintiffs' conditional cross-appeal was dismissed as moot. View "UMG Recordings v. Grande Communications Networks, LLC" on Justia Law