Showing archive for: “Cyberspace Law”
Proof of Age, Leap of Faith: The EU KIDS Act’s Security Gamble
The European Commission’s proposed EU KIDS Act would bar children under 15 from creating or using accounts on certain social-networking and video-sharing services, with a guardian-controlled option for 13- and 14-year-olds. It would also require providers to build broader safety protections into their services. Both sets of obligations would rely on age assurance—methods for verifying ... Proof of Age, Leap of Faith: The EU KIDS Act’s Security Gamble
Fraud, Platforms, and the Art of Getting Ahead of Yourself
The Federal Trade Commission (FTC) wants to stop impersonation scams. Fair enough. But calling a new regulatory venture an “update” doesn’t make it one, and spotting a real problem doesn’t tell you which rules—if any—will solve it. A little more homework would help. On Sept. 24, the FTC announced an advance notice of proposed rulemaking ... Fraud, Platforms, and the Art of Getting Ahead of Yourself
No Country for Young Posters: Social Media Bans Outrun the Evidence
Governments around the world are rushing to address the youth mental health crisis, with social media squarely in their sights. From Capitol Hill to Paris to Sydney, lawmakers are proposing or enacting strict age restrictions that would ban teenagers from creating social media profiles. But are these heavy-handed mandates the right approach? A recent white ... No Country for Young Posters: Social Media Bans Outrun the Evidence
One AI, Two Rulebooks: Brussels’ ChatGPT Conundrum
ChatGPT can draft a memo, plan a trip, and search the web. As of Aug. 31, it can add another line to its regulatory résumé: The European Commission has designated it a “very large online search engine” under the Digital Services Act (DSA). The label may sound technical, but it captures a central problem for ... One AI, Two Rulebooks: Brussels’ ChatGPT Conundrum
Google, the Unruh Act, and the Legal Risk of Knowing Your Audience
Advertising’s oldest rule is simple: Know your audience. In California, following it may get an online platform sued. Show retirement-home ads to seniors and student discounts to college students, and sensible targeting can suddenly look like unlawful discrimination. That question is now before California’s Sixth Appellate District. The dispute arises from a trial court ruling in ... Google, the Unruh Act, and the Legal Risk of Knowing Your Audience
Brazil’s Gatekeeper Bill Gets a Tuneup, Not a Rethink
Brazil may soon become the first country in the Americas to regulate digital platforms before they do anything wrong. Bill 4,675/2025 would let the Administrative Council for Economic Defense (CADE) designate large technology companies as having “systemic relevance” and impose special obligations without first proving anticompetitive conduct or consumer harm. That is a substantial change ... Brazil’s Gatekeeper Bill Gets a Tuneup, Not a Rethink
WarGames, Shopping Bots, and the Statute Trap: The CFAA and Amazon v Perplexity
When the 9th U.S. Circuit Court of Appeals hears oral argument later today in Amazon.com Services LLC v. Perplexity AI, Inc., it will confront a novel question: how should the Computer Fraud and Abuse Act (CFAA), a statute designed to punish computer break-ins, apply to an AI agent that browses the web on a user’s ... WarGames, Shopping Bots, and the Statute Trap: The CFAA and Amazon v Perplexity
Africa’s Imitation Game in Competition Law
African competition authorities are importing the wrong model of competition enforcement—and doing so without the institutional capacity to make even the right model work. Across the continent, regulators are reaching for Europe’s most ambitious digital frameworks. The Common Market for Eastern and Southern Africa (COMESA) Competition and Consumer Commission (CCC) recently overhauled its regime to ... Africa’s Imitation Game in Competition Law
When a Blue Checkmark Becomes a €120 Million Problem
The European Commission’s first major enforcement action under the Digital Services Act (DSA) offers an early glimpse of how the European Union intends to regulate large digital platforms—and how far that approach may diverge from the U.S. model. The DSA is an EU regulation governing how online intermediary services operate, including social-media platforms, online marketplaces, ... When a Blue Checkmark Becomes a €120 Million Problem
COMESA, WhatsApp Business, and Antitrust in Search of a Theory
Meta’s decision to limit third-party AI access to WhatsApp Business has quickly drawn antitrust scrutiny across multiple jurisdictions. The Common Market for Eastern and Southern Africa (COMESA) Competition and Consumer Commission (CCCC) is the latest authority to open an investigation. But before the case can answer whether Meta’s conduct harms competition, a more basic question ... COMESA, WhatsApp Business, and Antitrust in Search of a Theory
Google Is Not a Pipe
Ohio Attorney General Dave Yost, with support from populists on both the political left and right, contends that Google Search is a common-carrier service under Ohio law and should therefore be restricted from prioritizing its own products and services in its search results. After losing at the lower-court level, Yost now brings his suit against ... Google Is Not a Pipe
The War on Social Media Is Really a War on Community
Australia’s online-safety amendment took effect Dec. 10, banning social-media use nationwide by individuals under age 16. Under terms of the law, social-media platforms that fail to take “reasonable steps” to prevent minors from registering and maintaining accounts may face fines up to A$49.5 million. It now appears that the European Commission, France, Denmark, Greece, Romania, ... The War on Social Media Is Really a War on Community
