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Author: Cathy Gellis

Oh Look, Here’s Some More Culture Being Canceled, Now Thanks To The Second Circuit

April 12, 2021 Cathy Gellis Technology

This decision, Andy Warhol Foundation for the Visual Arts v. Goldsmith, came out only a few weeks ago, yet before the Supreme Court ruled in Google v. Oracle. In light of that latter decision it’s not clear that this one is still good law. Then agai…

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What Stevie Ray Vaughan Can Teach Us About Security Design

March 13, 2021 Cathy Gellis Technology

The SolarWind intrusion, with the revelation that part of the architecture included, at least for a while, a really weak default password, and the hack of the water treatment plant with a similar password reuse problem, reminded me of this story I h…

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Oh The Culture You’ll Cancel, Thanks To The Ninth Circuit And Copyright

March 10, 2021 Cathy Gellis Technology

If everyone’s going to be talking about Dr. Seuss, then we need to talk about this terrible decision from the Ninth Circuit a few months ago. Not to validate the idea of “cancel culture” in the particular way it’s often bandied about as a sort of wh…

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The Digital Copyright Act: We Told Senator Tillis Not To Do This, But He Did It Anyway. So We Told Him Again.

March 8, 2021 Cathy Gellis Technology

Back in December, the Copia Institute submitted comments to Senator Tillis, who wanted feedback on making changes to the DMCA. It was a tricky needle to thread, because there’s a lot about the DMCA that could be improved and really needs to be improv…

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Washington State Also Spits On Section 230 By Going After Google For Political Ads

March 5, 2021 Cathy Gellis Technology

In the post the other day about Utah trying to ignore Section 230 so it could regulate internet platforms, I explained why it was important that Section 230 pre-empted these sorts of state efforts:

Just think about the impossibility of trying…

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The Unasked Question In Tech Policy: Where Do We Get The Lawyers?

March 3, 2021 Cathy Gellis Technology

When we criticize Internet regulations like the CCPA and GDPR, or lament the attempts to roll back Section 230, one of the points we almost always raise is how unduly expensive these policy decisions can be for innovators. Any law that increases the…

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Utah Prematurely Tries To Dance On Section 230’s Grave And Shows What Unconstitutional Garbage Will Follow If We Kill It

March 1, 2021 Cathy Gellis Technology

As Mike has explained, just about every provision of the social media moderation bill being proposed in the Utah legislature violates the First Amendment by conditioning platforms’ editorial discretion over what appears on its services—discretion th…

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What Landing On Mars Again Can Teach Us, Again

February 22, 2021 Cathy Gellis Technology

It seems I’m always writing about Section 230 or copyright or some sort of regulatory effort driven by antipathy toward technology. But one of my favorite posts I’ve ever written here is this one, “We Interrupt All The Hating On Technology To Remind…

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Is Section 230 Just For Start-ups? History Says Nope

February 18, 2021 Cathy Gellis Technology

One of the arguments for changing Section 230 is that even if we needed it a long time ago when the Internet was new, now that the Internet has been around for a while and some of the companies providing Internet services are quite big, we don’t nee…

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Why We Filed A Comment With Facebook’s Oversight Board

February 17, 2021 Cathy Gellis Technology

Back when Facebook’s Oversight Board was just getting organized, a colleague suggested I represent people before it as part of my legal practice. As a solo lawyer, my entrepreneurial ears perked up at the possibility of future business opportunities…

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