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5.09.25
The “TAKE IT DOWN Act” Goes Up to President Trump’s Desk for Signature
On April 28, 2025, Congress passed the “TAKE IT DOWN Act.” In addition to criminalizing intentional publication of non-consensual intimate imagery, including computer-generated intimate imagery (collectively, NCII), the bill requires “covered platforms” to develop a process for removing NCII within 48 hours of a valid report. Covered platforms are those that primarily provide a public forum for user-generated content. The term does not include ISPs, email providers, online services that consist primarily of non-user-generated content, or services for which chat, comment, or interactive functionality is directly related to the provision of non-user-generated content. The bill now awaits President Trump’s signature and is expected to be signed in light of receiving bipartisan support and an endorsement from the First Lady.
Client Highlights
7.08.24
Wilson Sonsini Advises Computer & Communications Industry Association in Landmark Case Impacting Internet Free Speech Rights
On July 1, 2024, the U.S. Supreme Court decided Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, marking a significant development in the realm of internet regulation and reinforcing the application of longstanding First Amendment principles to the online world. The cases centered around state laws enacted in 2021 by Florida and Texas, both of which target large social media platforms and internet companies. The laws aim to limit platforms' control over content moderation, including filtering and labeling user-generated content, and mandated detailed explanations for content removal or alteration.
Alerts
4.25.24
How Extreme Should the FBI and DHS Be in Removing Extremism from Gaming?
The United States Government Accountability Office (GAO) recently published a report that highlights the federal government’s increased interest in monitoring domestic violent extremist content on gaming and social media platforms. The purpose of the report is to provide information to other agencies and to encourage the development of actionable strategies to combat domestic violent extremist content. Forthcoming guidance, scheduled for release in June 2024, could result in companies navigating an increasingly complex moderation system with increased communication efforts with the Federal Bureau of Investigation (FBI) and Department of Homeland Security (DHS).
Alerts
2.21.24
Court Refuses Video Game Company's Arbitration Bid in Minor-Involved Case
In February 2022, J.R. II, a minor, brought a case against Electronic Arts Inc. (EA), alleging that it engaged in unlawful and unfair business practices by deceptively inducing players of its game, Apex Legends, to purchase digital game-specific currency.
Client Highlights
5.05.22
Wilson Sonsini Secures Victory for Pinterest in Copyright Litigation
On May 3, 2022, Judge Haywood S. Gilliam, Jr. of the U.S. District Court for the Northern District of California granted summary judgment to Wilson Sonsini client Pinterest on a copyright-infringement claim that challenged core aspects of Pinterest’s online service. This hard-fought case dates back to 2019, when plaintiff Harold Davis sued Pinterest, alleging that the company’s use of his copyrighted photographs in the routine operation of its service constituted both contributory and direct copyright infringement. Through early motion practice, Pinterest secured the dismissal of the plaintiff’s contributory-infringement claim, leaving only the direct-infringement claim.
News Articles
12.16.21
Wilson Sonsini Receives Honorable Mention in The American Lawyer's 2021 Litigation Department of the Year Recognitions
On December 14, 2021, The American Lawyer published a list of Honorable Mentions for the nationwide 2021 Litigation Department of the Year recognitions. Wilson Sonsini was profiled among the eight firms deserving of honorable mention.
Client Advisories
10.14.21
Twitch Files a Lawsuit to Enforce Account Termination
Content moderation is one of the biggest challenges for any interactive computer service provider that publishes information created by others. It is difficult to balance users' desires to express themselves and their desires to avoid unpleasant or even hateful speech. The providers' ultimate tool to stop users from ruining the computer service for others is to ban those users from publishing content on the service. But what if those users keep coming back? And what if they organize others to violate the platform's terms of service on another platform?
Alerts
9.14.20
California Court of Appeal Issues First Ever Decision on State's Automatic Renewal Law; Curbs Misuse of Statute
On September 11, 2020, the California Court of Appeals handed down a published decision in Mayron v. Google, one of the earliest cases brought under California's notorious Automatic Renewal Law (ARL), California Business and Professions Code Section 17600 et seq. The ARL imposes detailed disclosure requirements for any recurring delivery of goods or services in California. In particular, it requires a business to clearly and conspicuously disclose offer terms and cancellation policy in any automatic renewal offer. It also requires companies to obtain affirmative consent and to provide an "acknowledgment" with the offer terms and cancellation information. And Section 17603 of the ARL declares that where a business' disclosures fail to satisfy the ARL, barring proof of good faith, any goods the business sends to a subscriber are to be treated as an "unconditional gift."
Client Highlights
5.28.20
D.C. Circuit Affirms District Court Ruling in Censorship Lawsuit
On May 27, 2020, the United States Court of Appeals for the District of Columbia issued a decision affirming the dismissal of a putative class action brought against Twitter, Google, Facebook, and Apple by the conservative organization Freedom Watch and journalist Laura Loomer. This was one of a number of recent cases targeting online services for alleged bias against conservative content. Wilson Sonsini Goodrich & Rosati represented Twitter in the matter.
Client Highlights
3.19.20
Wilson Sonsini Secures Final Settlement Approval in Long Running Street View Class Action
On March 18, 2020, Judge Charles Breyer of the Northern District of California gave final approval to a cy pres settlement after almost a decade of litigation in In re Google LLC Street View Electronic Communications Litigation, a collection of putative class actions challenging Google's collection of data from open and unencrypted WiFi networks from 2007-10.
Client Highlights
2.27.20
Ninth Circuit Upholds Dismissal of Prager University v. Google, et al., Confirming YouTube is Not a State Actor
On February 26, a three-judge panel of the U.S. Appeals for the Ninth Circuit upheld the district court’s ruling in Prager University v. Google, et al., rejecting claims that YouTube improperly censors content. Wilson Sonsini represented YouTube in the matter.
Alerts
10.21.19
Supreme Court Denies Appeal on the ADA's Applicability to Websites, Exposing Businesses to Potential Claims
On October 7, 2019, the Supreme Court rejected an appeal from Domino's Pizza (Domino's) concerning whether Domino's website and mobile app must comply with federal disabilities laws.