9th Circ. Ruling Threatens Online Filters, Justices Told

Law360 (May 21, 2020, 9:33 PM EDT) -- The U.S. Supreme Court should review a Ninth Circuit decision that could undermine protections for online content filters, the Electronic Frontier Foundation said in an amicus brief Thursday. 

The advocacy group is backing a petition from security software company Malwarebytes Inc. challenging a Ninth Circuit decision that revived unfair competition claims from Enigma Software Group USA LLC.

Although the Ninth Circuit found that the Communications Decency Act contains an exception to protections for online content filters, Malwarebytes contends that the law's protections for content filtering are "unqualified" and should block Enigma's state law business tort claim and Lanham Act unfair advertising allegations.

Enigma filed its claims...

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