Malwarebytes, Inc. V. Enigma Software Group USA, LLC
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Malwarebytes, Inc. V. Enigma Software Group USA, LLC
''Malwarebytes, Inc. v. Enigma Software Group USA, LLC'' was a 2020 United States federal court case concerning the legal immunity given to internet companies under section 230 of the Communications Decency Act. It was denied certiorari to the U.S. Court of Appeals for the Ninth Circuit, but Justice Clarence Thomas of the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ... made a statement respecting the denial of certiorari. He opined that section 230 had been interpreted too broadly, and could be narrowed or eliminated in a future case, which he urged his colleagues to hear. Justice Thomas cited Judge Robert Katzman's dissent from the majority ruling in '' Force v. Facebook Inc.'' References {{Improve categories, date=June 2023 2020 in U ...
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Section 230
In the United States, Section 230 is a section of the Communications Act of 1934 that was enacted as part of the Communications Decency Act of 1996, which is Title V of the Telecommunications Act of 1996, and generally provides immunity for online computer services with respect to third-party content generated by its users. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users: Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the voluntary good faith removal or moderation of third-party material the operator "considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected." Section 230 was developed in response to a pair of lawsuits against online discussion platfo ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah, Georgia. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but became dissatisfied with its efforts to combat racism and abandoned his aspiration to join the clergy. He graduated with honors from the College of the Holy Cross in 1971 and earned his Juris Doctor in 1974 from Yale Law School. ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ...
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Robert Katzmann
Robert Allen Katzmann (April 22, 1953 – June 9, 2021) was a United States circuit judge of the United States Court of Appeals for the Second Circuit. He served as chief judge from September 1, 2013, to August 31, 2020. Early life and education Robert Allen Katzmann was born April 22, 1953, in New York City, the son of Sylvia, a homemaker, and John Katzmann, an engineer. Katzmann received a Bachelor of Arts degree from Columbia University in 1973. He received a Master of Arts from Harvard University in 1976. He received a Doctor of Philosophy from Harvard University in 1978. He received a Juris Doctor from Yale Law School in 1980, where he was an article and book review editor of the ''Yale Law Journal''. Career Early work Katzmann served as a law clerk to Judge Hugh H. Bownes of the United States Court of Appeals for the First Circuit from 1980 to 1981. He was a fellow at the Brookings Institution from 1981 to 1999. He was an adjunct professor at Georgetown University Law Ce ...
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Force V
In physics, a force is an influence that can cause an object to change its velocity unless counterbalanced by other forces. In mechanics, force makes ideas like 'pushing' or 'pulling' mathematically precise. Because the magnitude and direction of a force are both important, force is a vector quantity. The SI unit of force is the newton (N), and force is often represented by the symbol . Force plays an important role in classical mechanics. The concept of force is central to all three of Newton's laws of motion. Types of forces often encountered in classical mechanics include elastic, frictional, contact or "normal" forces, and gravitational. The rotational version of force is torque, which produces changes in the rotational speed of an object. In an extended body, each part applies forces on the adjacent parts; the distribution of such forces through the body is the internal mechanical stress. In the case of multiple forces, if the net force on an extended body is zero the bo ...
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