David L. Sloss

Civil Liability for Internet Companies to Help Prevent International Terrorism

On May 18, the Supreme Court issued its much-anticipated decisions in Twitter v. Taamneh and Gonzales v. Google. Both cases involved terrorist attacks by members of ISIS. In both cases, plaintiffs alleged that social media companies helped ISIS recruit new members by amplifying ISIS content and promoting that content to social media users. In both…

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Supreme Court Likely to Shield Internet Platforms from Liability for Terrorist Acts

On February 21 and 22, the Supreme Court heard oral arguments in two companion cases regarding the liability of internet platforms for terrorists’ use of their services. Gonzalez v. Google concerns the scope of immunity for internet companies under 47 U.S.C § 230, specifically whether that statutory grant of immunity covers a platform’s automated suggestions…

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Supreme Court to Consider Tech Companies’ Liability for Terrorism

On February 21 and 22, the Supreme Court will hear oral argument in two cases, Gonzalez v. Google and Twitter v. Taamneh, that raise questions about how a civil cause of action set forth in the Anti-Terrorism Act (ATA) applies when known terrorist organizations use social media services. Both cases involve terrorist attacks (in Paris…

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Is the Treaty Supremacy Rule Really Dead?

In Medellín v. Texas, the U.S. Supreme Court held that a non-self-executing treaty does not supersede conflicting state law, or perhaps that courts cannot enforce non-self-executing treaties to override conflicting state laws. After Medellín, one would have expected state courts in treaty supremacy cases to begin their analyses by determining whether a treaty is self-executing….

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Section 230 and the Presumption Against Extraterritoriality

The Ninth Circuit opinion in Gonzalez v. Google (2021) raises important questions about how the presumption against extraterritoriality applies to immunity defenses invoked by social media companies under 47 U.S.C. § 230.Section 230 shields internet companies from civil liability for user-generated content hosted on their platforms. Gonzalezholds, effectively, that there is no conceivable application of…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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Timothy D. Lytton

Georgia State University College of Law
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