Latest news with #9thUSCircuitCourtofAppeals
India Today
3 days ago
- Business
- India Today
Federal court upholds SEC ‘gag rule' in 3-0 ruling over free speech objections
A federal appeals court on Wednesday upheld the US Securities and Exchange Commission's so-called "gag rule," rejecting a claim it illegally silences defendants who want to criticise the regulator after settling civil enforcement a 3-0 decision, the 9th US Circuit Court of Appeals said the rule was not unconstitutional on its face, but could violate the First Amendment depending on how it is rule, reflecting SEC policy dating to 1972, often requires settling defendants to say at least that they neither admit nor deny the regulator's allegations. Twelve petitioners had been appealing the SEC's decision in January 2024 not to amend the rule, including eight people whose SEC settlements triggered petitioner, former Xerox chief financial officer Barry Romeril, took a similar case to the US Supreme Court in 2022 in an appeal backed by billionaire and longtime SEC critic Elon Musk, but that court refused to consider Wednesday's decision, Circuit Judge Daniel Bress said that while some defendants find the rule coercive, they remained free not to settle, and instead to speak out against the also said the SEC had an interest in deciding how to try its own cases, including by giving defendants different options, knowing that scrapping the rule could lead to fewer settlements."Provided that any limitation on speech remains within proper bounds, and given the background ability to waive First Amendment rights at least to some extent, the SEC has an interest in giving defendants the option to agree to a speech restriction as part of a broader settlement agreement," Bress said challenges to applying the rule could still be brought before the SEC brings enforcement cases, while judges consider settlements, or when the SEC reopens settled cases because of alleged petitioners included the New Civil Liberties Alliance, which challenges perceived administrative law senior litigation counsel Peggy Little said in a statement the nonprofit was disappointed. "Past practice does not excuse unconstitutional government action," she SEC had no immediate Commissioner Hester Peirce dissented from the regulator's decision not to amend the found "scant factual basis" for the rule, and said prohibiting denials of wrongdoing "prevents the American public from ever hearing criticisms that might otherwise be lodged against the government, let alone assessing their credibility."- Ends
Time of India
6 days ago
- Business
- Time of India
Elon Musk's X accused of hosting child pornography content; must face revived lawsuit over negligence
A federal appeals court has revived part of a lawsuit accusing Elon Musk 's social media platform, X (formerly Twitter), of negligence in its response to child pornography content . While X benefits from broad immunity under Section 230 of the Communications Decency Act, the 9th US Circuit Court of Appeals ruled the platform must still face claims that it failed to act promptly after learning of a sexually explicit video involving two underage boys. The court's decision highlights growing concerns over how social media platforms handle child exploitation online . Elon Musk's platform under fire despite legal protections Although Elon Musk was not personally named in the lawsuit and the case predates his acquisition of Twitter in 2022, X remains legally vulnerable due to how it handled the content once it had 'actual knowledge.' Court documents state the platform took nine days to remove and report a video involving explicit images of minors—after it had been viewed over 167,000 times. Judge Danielle Forrest clarified that the statutory obligation to report child pornography overrides Section 230 protections once a platform becomes aware of such material. Plaintiffs claim X made it hard to report child abuse by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Angelina Jolie's Son Used To Be Adorable, Now He Looks Insane Undo The plaintiffs—referred to as John Doe 1 and John Doe 2—were 13 and 14 years old when a predator, posing as a peer on Snapchat, coerced them into sending explicit content. That material was later posted to Twitter, where it remained despite multiple user reports and a complaint from one of the boy's mothers. The court also revived a separate claim asserting that X's infrastructure made it unnecessarily difficult for users to report child sexual abuse material, suggesting flaws in platform design and moderation workflows. Broader concerns about CSAM handling on X persist Although some claims were dismissed—such as those alleging X profited from sex trafficking or designed features that "amplify" abuse—the lawsuit adds to existing criticism of the platform's response to child sexual abuse material. Nonprofits like Thorn have severed ties with X over payment disputes and policy concerns, and watchdogs report that illicit hashtags and spam accounts still circulate CSAM. While X has announced improvements in detection technology, critics say progress remains insufficient amid persistent issues. AI Masterclass for Students. Upskill Young Ones Today!– Join Now
Express Tribune
7 days ago
- Express Tribune
Musk's X embroiled in child pornography lawsuit
A federal appeals court on Friday revived part of a lawsuit accusing Elon Musk's X of becoming a haven for child exploitation, though the court said the platform deserves broad immunity from claims over objectionable content, reported Reuters. While rejecting some claims, the 9th US Circuit Court of Appeals in San Francisco said X, formerly Twitter, must face a claim it was negligent by failing to promptly report a video containing explicit images of two underage boys to the National Center for Missing and Exploited Children (NCMEC). The case predated Musk's 2022 purchase of Twitter. A trial judge had dismissed the case in December 2023. X's lawyers did not immediately respond to requests for comment. Musk was not a defendant. One plaintiff, John Doe 1, said he was 13 when he and a friend, John Doe 2, were lured on SnapChat into providing nude photos of themselves to someone John Doe 1 thought was a 16-year-old girl at his school. The SnapChat user was actually a child pornography trafficker who blackmailed the plaintiffs into providing additional explicit photos. Those images were later compiled into a video that was posted on Twitter. According to court papers, Twitter took nine days after learning about the content to take it down and report it to NCMEC, following more than 167,000 views, court papers showed. Circuit Judge Danielle Forrest said section 230 of the federal Communications Decency Act, which protects online platforms from liability over user content, didn't shield X from the negligence claim once it learned about the pornography. "The facts alleged here, coupled with the statutory 'actual knowledge' requirement, separates the duty to report child pornography to NCMEC from Twitter's role as a publisher," she wrote for a three-judge panel. X must also face a claim its infrastructure made it too difficult to report child pornography. It was found immune from claims it knowingly benefited from sex trafficking, and created search features that "amplify" child pornography posts. Dani Pinter, a lawyer at the National Center on Sexual Exploitation, which represented the plaintiffs, said in a statement: "We look forward to discovery and ultimately trial against X to get justice and accountability." The case is Doe 1 et al v Twitter Inc et al, 9th US Circuit Court of Appeals, No 24-177.
Time of India
02-08-2025
- Business
- Time of India
Elon Musk's X must face part of lawsuit over child pornography video: US appeals court
A US appeals court has revived part of a lawsuit accusing Elon Musk's X (formerly Twitter) of negligence for failing to promptly report child sexual abuse material. While X remains protected under Section 230 for most content, it must face claims over delayed reporting and platform design issues. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads A federal appeals court on Friday revived part of a lawsuit accusing Elon Musk's X of becoming a haven for child exploitation. However, the court said the platform deserves broad immunity from claims over objectionable rejecting some claims, the 9th US Circuit Court of Appeals in San Francisco said X, formerly Twitter, must face a claim it was negligent by failing to promptly report a video containing explicit images of two underage boys to the National Centre for Missing and Exploited Children (NCMEC).The case predated Musk's 2022 purchase of Twitter. A trial judge had dismissed the case in December 2023. X's lawyers did not immediately respond to requests for comment. Musk was not a plaintiff, John Doe 1, said he was 13 when he and a friend, John Doe 2, were lured on SnapChat into providing nude photos of themselves to someone John Doe 1 thought was a 16-year-old girl at his SnapChat user was actually a child pornography trafficker who blackmailed the plaintiffs into providing additional explicit photos. Those images were later compiled into a video that was posted on to court papers, Twitter took nine days after learning about the content to take it down and report it to NCMEC, following more than 167,000 views, court papers Judge Danielle Forrest said section 230 of the federal Communications Decency Act, which protects online platforms from liability over user content, didn't shield X from the negligence claim once it learned about the pornography."The facts alleged here, coupled with the statutory 'actual knowledge' requirement, separates the duty to report child pornography to NCMEC from Twitter's role as a publisher," she wrote for a three-judge panel.X must also face a claim its infrastructure made it too difficult to report child was found immune from claims it knowingly benefited from sex trafficking, and created search features that "amplify" child pornography Pinter, a lawyer at the National Centre on Sexual Exploitation, which represented the plaintiffs, said in a statement: "We look forward to discovery and ultimately trial against X to get justice and accountability."The case is Doe 1 et al v Twitter Inc et al, 9th U.S. Circuit Court of Appeals, No. 24-177.
AsiaOne
02-08-2025
- AsiaOne
Musk's X must face part of lawsuit over child pornography video, World News
A federal appeals court on Friday (Aug 1) revived part of a lawsuit accusing Elon Musk's X of becoming a haven for child exploitation, though the court said the platform deserves broad immunity from claims over objectionable content. While rejecting some claims, the 9th US Circuit Court of Appeals in San Francisco said X, formerly Twitter, must face a claim it was negligent by failing to promptly report a video containing explicit images of two underage boys to the National Center for Missing and Exploited Children (NCMEC). The case predated Musk's 2022 purchase of Twitter. A trial judge had dismissed the case in December 2023. X's lawyers did not immediately respond to requests for comment. Musk was not a defendant. One plaintiff, John Doe 1, said he was 13 when he and a friend, John Doe 2, were lured on SnapChat into providing nude photos of themselves to someone John Doe 1 thought was a 16-year-old girl at his school. The SnapChat user was actually a child pornography trafficker who blackmailed the plaintiffs into providing additional explicit photos. Those images were later compiled into a video that was posted on Twitter. According to court papers, Twitter took nine days after learning about the content to take it down and report it to NCMEC, following more than 167,000 views, court papers showed. Circuit Judge Danielle Forrest said section 230 of the federal Communications Decency Act, which protects online platforms from liability over user content, didn't shield X from the negligence claim once it learned about the pornography. "The facts alleged here, coupled with the statutory 'actual knowledge' requirement, separates the duty to report child pornography to NCMEC from Twitter's role as a publisher," she wrote for a three-judge panel. X must also face a claim its infrastructure made it too difficult to report child pornography. [[nid:704774]] It was found immune from claims it knowingly benefited from sex trafficking, and created search features that "amplify" child pornography posts. Dani Pinter, a lawyer at the National Center on Sexual Exploitation, which represented the plaintiffs, said in a statement: "We look forward to discovery and ultimately trial against X to get justice and accountability." The case is Doe 1 et al v Twitter Inc et al, 9th US Circuit Court of Appeals, No. 24-177.
