TikTok May Be Held Liable for Girl’s Death, Upending Three Decades of Tech Immunity

Montana TikTok Ruling

The Twenty-Six Words That Created the Internet” may not be as powerful as believed by the bipartisan chorus demanding reform of Section 230 of the Communications Decency Act.

TikTok’s biggest immediate problem now may be its own users, their parents, and state attorneys general, rather than the state and federal lawmakers seeking to ban the Chinese-owned company and force ByteDance to sell it to an American entity, following a 3rd U.S. Circuit Court of Appeals ruling Aug. 27 that denies TikTok legal immunity for an algorithm choice.

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Big Tech Liable for Breaking Promises to Users that Led to Suicide, Death Threats: Appeals Court

Smart Phone Filled with Apps

Days before the Philadelphia-based 3rd U.S. Circuit Court of Appeals sent Big Tech lawyers scrambling by upending three decades of judicial precedents on Section 230 immunity from liability, its West Coast counterpart warned platforms their immunity had limits, too.

While far smaller in scope than the 3rd Circuit’s ruling that TikTok could be held liable for a little girl’s death by algorithmically recommending the video she fatally copied, likely to provoke Supreme Court intervention, the 9th Circuit ruling Aug. 22 against third-party Snapchat app developer Yolo also suggests judges are growing skeptical of maximalist views of the 1996 law.

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Environmentalists Grateful for Appellate Win over Chemical Industry Giant

Chemours

Health advisories issued by the U.S. Environmental Protection Agency about the risks of chemicals produced at a North Carolina plant on the Cape Fear River are lawful and not reviewable by a court.

In a ruling by three judges Tuesday at the 3rd U.S. Circuit Court of Appeals in Philadelphia, Justice Arianna Freeman wrote, “The health advisory provides guidance, but it imposes no obligations, prohibitions, or restrictions. The health advisory also does not give rise to any ‘direct and appreciable legal consequences.’”

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