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The United States Supreme Court did not destroy the Internet on May 18, 2023. That day, the Court released its opinions in Gonzalez v. Google LLC, 143 S. Ct. 1191 (2023) (per curiam), and Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023). In these companion cases from the Ninth Circuit, family members of ISIS victims sued large tech companies under the Justice Against Sponsors of Terrorism Act (JASTA) for allegedly aiding and abetting foreign terrorists by providing them with platforms “for spreading extremist propaganda, raising funds, and attracting new recruits.” Complaint ¶ 12, Taamneh v. Twitter, Inc., No. 3:17-cv-4107 (N.D. Cal. July 20, 2017). Defendants in both cases asserted defenses under 47 U.S.C. § 230(c)(1) (Section 230). Section 230, generally speaking, shields online platforms from liability for otherwise actionable content users post on their sites. After the Supreme Court agreed to hear the cases on Oct. 3, 2022, worry quickly spread that the Court “could break the Internet” by weakening this liability shield. Isaac Chotiner, “Two Supreme Court Cases that Could Break the Internet,” New Yorker (Jan. 25, 2023).
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Blockchain Domains: New Developments for Brand Owners
By John McElwaine
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer
By Michael K. Friedland
When is an inventor not an inventor? It’s when the inventor isn’t human. So, if a non-human inventor can’t, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can’t create, it can destroy.
Patent Your Trade Secrets In Wake of Noncompete Ban
By Daniel E. Rose
While it may be growing more difficult to protect business information with the FTC’s noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Key Takeaways from the Latest USPTO Guidance on AI
By James DeCarlo
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.