IP Justice Publications
IP Justice, Chamber of Progress, LGBT Tech Institute Submit Amicus Brief in NetChoice v. Bonta Over California Internet Censorship Law
Several tech policy nonprofit organizations filed an amicus brief in the US District Court in Northern California on 1 March 2023 to defend the First Amendment rights of Internet users against California's recently enacted Age Appropriate Design Code Act (AADC). IP Justice, the Chamber of Progress, and the LGBT Tech Institute joined together to submit an amicus brief in the case of NetChoice v. Rob Bonta (California Attorney General) arguing that the AADC violates the First Amendment's freedom of speech guarantees and it harms underprivileged children who do not have access to critical Internet content. The friend-of-the-court brief argued that the AADC requires Internet companies to police and censor speech on the Internet—to “mitigate” speech that is “harmful, or potentially harmful,” to children under 18 years of age and “prioritize” speech that promotes their “well-being” and “best interests.” Amici explained that AADC requires the California Attorney General to seek financial penalties from companies that fail to do so or do not adequately enforce their own content and privacy policies. "However well-intentioned, the AADC violates the First Amendment of the United States Constitution by impermissibly interfering with editorial discretion, chilling speech, and granting the State unlimited authority to define and enforce the Act’s vague requirements," the brief stated. Read the full amicus brief here.
IP Justice Joins Coalition of Civil Society and Industry Groups on Amicus Brief to US Supreme Court Advocating Online Free Expression
A group of seven industry and civil society organizations including IP Justice filed an amicus brief with the U.S. Supreme Court on 19 January 2023 in the case of Gonzalez v. Google, urging the Court to side with Google and uphold Section 230’s existing protection of algorithmic content moderation. The brief argues that content moderation is an editorial function, guaranteed by the First Amendment, and that algorithmic curation is critical to content moderation and protecting marginalized communities online. Read the full amicus brief here. The organizations – including Chamber of Progress; HONR Network; Information Technology and Innovation Foundation; IP Justice; LGBT Tech Institute; the Multicultural Media, Telecom and Internet Council; and Stop Child Predators – submitted their brief in support of Google and highlighted the harms that would follow if Gonzalez’s claims were successful. The brief makes the case that algorithmic curation is a critical component of content moderation for online platforms on the modern web: “Acknowledging that Section 230 protects the removal of content, as Petitioners do, thus requires recognition that Section 230 likewise protects its promotion. Petitioners’ proposal to bifurcate Section 230’s protections by stripping immunity from platforms that promote content thus makes no sense: on the Internet, publication is promotion.” The organizations also argue that eliminating Section 230 protections for content moderation would harm marginalized communities: “Withdrawing [...]
IP Justice Statement to WIPO General Assembly July 2022
IP Justice submitted the following statement to the 63rd WIPO General Assembly, which was held 14-22 July 2022 in Geneva, Switzerland: IP Justice Statement Issues Raised: Proposed Broadcast Treaty Domain Name & Country Names Issue Intellectual Property Waiver for COVID-19 Vaccines and Medicines IP Justice's Statement at the WIPO 63/GA was drafted by Solveig Legoupil.
California’s Legal Battle with Net Neutrality
ACA CONNECTS v BONTA: CALIFORNIA’S LEGAL BATTLE WITH NET NEUTRALITY, EXPLAINED By Tanuj Dayal (also available as a .pdf) On January 28, 2022, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in the case of ACA Connects v. Bonta[1], affirmed the decision of the United States District Court for the Eastern District of California (“District Court”). The plaintiffs-appellants, a group of industry associations representing communications services providers under the moniker America’s Communication Association (“Appellants”), sought a preliminary injunction against Rob Bonta, California’s Attorney General, to prevent him from enforcing the California Internet Consumer Protection and Net Neutrality Act of 2018[2] (“SB-822”) as made applicable to the broadband internet services provided within California. The decisions of the District Court and Ninth Circuit turned on the fact that the SB-822 was not preempted by federal law as the Federal Communications Commission (“FCC”) lacked the requisite regulatory authority over broadband internet services, paving the way for state laws to govern the realm of net neutrality. This case is of particular interest to IP Justice as it directly implicated one of our core values- free and open internet as a prerequisite for the promotion of growth of the people. In the digital age, the internet is an integral platform for myriad purposes including innovation, commerce, resource sharing, [...]
Civil Society and Industry Opposition to SHOP SAFE in the Final COMPETES Legislation
On 3 May 2022, a coalition of 38 civil society organizations, trade associations, and companies wrote to U.S. Congressional leaders to share their collective opposition to H.R. 5374, the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce (SHOP SAFE) Act. IP Justice joined in this diverse coalition letter to warn against the unintended consequences of SHOP SAFE including its harm to freedom of expression, innovation, and consumer choice. Read the letter from 38 organizations, associations, and companies HERE.
IP Justice Files Amicus Brief Against Texas’ Social Media Censorship Law in NetChoice, CCIA v. Paxton
IP Justice Files Amicus Brief Against Texas’ Social Media Censorship Law in NetChoice, CCIA v. Paxton By Alyssa Aguilar On 7 April 2022, IP Justice filed an Amicus Curiae legal brief in the 5th Circuit Court of Appeals in support of Plaintiff-Appellee’s, NetChoice, and the Computer and Communications Industry Association (CCIA). In the case of NetChoice, CCIA v. Paxton, IP Justice asked the appellate court to uphold a lower court’s injunction against the enforcement of Texas law HB 20. The Texas law at issue regulates social media companies and imposes broad censorship rules on political speech on the Internet. The Texas case comes shortly after Florida passed similar legislation, SB 7072, which has similarly been halted by a district court in Florida and is to be heard by the 11th Circuit shortly. NetChoice and CCIA are the named Plaintiffs-Appellee’s in that case as well, opposing enforcement by Florida Attorney General, Ashley Moody. IP Justice also filed an amicus brief in the 5th Circuit appeal on 15 November 2021 to raise concerns for Internet freedom and innovation policy in the Florida case. Texas’ HB 20 is a bill that attempts to regulate Texas’ definition of social media companies, by asking that these companies not moderate by viewpoint. HB 20 has been referred to as a “social media censorship” law by numerous Internet freedom [...]