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These days, some of tech’s most important decisions are being made inside courtrooms. Google and Facebook are fending off antitrust accusations, while patent suits determine how much control of their own products they can have. The slow fight over Section 230 of the Communications Decency Act threatens platforms like Twitter and YouTube with untold liability suits for the content they host. Gig economy companies like Uber and Airbnb are fighting for their very existence as their workers push for the protections of full-time employees. In each case, judges and juries are setting the rules about exactly how far tech companies can push the envelope and exactly how much protection everyday people have. This is where we keep track of those legal fights and the broader principles behind them. When you move fast and break things, it shouldn’t be too much of a surprise when you end up in court.

The DOJ enters its defense of the TikTok ban-or-divest law.

A month after TikTok made its First Amendment case against a potential ban, lawyers for the government responded Friday. The partially redacted filings (available in full here) include their arguments that the Chinese government could use data collected by the app or manipulate its algorithm to influence US elections.

One example pointed to search tools for the company’s internal Lark messaging tool, shown below.


At least as of 2022, Lark contained multiple internal search tools that had been developed and run by China-based ByteDance engineers for scraping TikTok user data, including U.S. user data. f. (U) One of those tools allowed ByteDance and TikTok employees in the United States and China to collect bulk user information based on the user’s content or expressions, including views on gun control, abortion, and religion. 
Screenshot: Document #01208647195, TikTok v. Merrick Garland

Kamala Harris hasn’t said a lot about tech policy, but here’s what we know

This is what we’ve pieced together about her views on AI, privacy, antitrust and more.

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OpenAI has one less lawsuit to worry about.

Open source developers dismissed OpenAI from their 2022 lawsuit alleging that it violated copyright law by reproducing their code without attribution.

As Bloomberg Law writes, the lawsuit will continue against GitHub and Microsoft (although without the Digital Millennium Copyright Act claims that the judge dismissed this month).


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Does Airbnb protect its guests’ privacy?

A CNN investigation found that Airbnb routinely ignores or silences, through settlements and NDAs, guests who find hidden cameras in their rentals’ bedrooms and bathrooms.

In one case, Airbnb told guests who found a camera pointed at their bed it wanted to get the host’s side of the story. It allowed him to continue hosting for months, even after being told he was under police investigation. Police eventually raided his property:

Among the more than 2,000 recovered images, law enforcement identified more than 30 victims, including several children. Many guests – who booked the same property either through Airbnb or Vrbo – were captured in various stages of undress. Some were recorded having sex.

Update: Altered the text for clarity.


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Tether truthers, start your engines!

Two former execs of a German AI data center company, Northern Data, say they were fired for raising concerns the company was “misrepresenting the strength of its financial condition,” in a wrongful termination lawsuit. Northern Data, which is backed by Tether, has been looking into an IPO in the US.


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“A willingness to kiss without paperwork is now a form of chivalry.”

A look at the era of the non-disclosure agreement, subject of pop songs and nearly as common as water in Silicon Valley. Paradoxically, though, being as loud as possible makes it harder for the likes of Jeff Bezos to come after you.


Supreme Court protects the future of content moderation

The NetChoice decision means curating, compiling, and moderating a feed is a First Amendment-protected activity.

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iPhone 7 owners still have time to claim part of a microphone lawsuit settlement.

If you owned an iPhone 7 or 7 Plus between September 16th, 2016 and January 3rd, 2023 and met certain requirements, you may be eligible to claim part of a settlement after a class action lawsuit over issues with the Apple devices’ microphones.

The deadline was originally June 3rd, 2024, but it was extended earlier this month to July 3rd instead.


What SCOTUS just did to broadband, the right to repair, the environment, and more

From net neutrality to H-1B tech workers to cellphone unlocking, much of tech policy revolves around the administrative state.

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Someone at SCOTUS pushed the wrong button and accidentally published a draft opinion in a pending abortion case.

A draft opinion for Moyle v. US — a still-undecided abortion case — was briefly published to the Supreme Court website today. According to Bloomberg, the draft would allow emergency abortions in Idaho.

The court is behind schedule with ten decisions left to go, including the NetChoice cases.


The RIAA versus AI, explained

The question of fair use looms over the AI industry at large.

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Julian Assange’s ‘criminal matter’ concludes.

The Department of Justice announced that, as expected, the WikiLeaks founder entered a guilty plea today in the U.S. District Court for the Northern Mariana Islands.

At today’s proceeding, Assange admitted to his role in the conspiracy to violate the Espionage Act and received a court-imposed 62-month time-served sentence, reflecting the time he served in U.K. prison as a result of the U.S. charges. Following the imposition of sentence, he will depart the United States for his native Australia. Pursuant to the plea agreement, Assange is prohibited from returning to the United States without permission.


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Photo by YUICHI YAMAZAKI/AFP via Getty Images