ECPA (Councilman and Warshak) (25 min)
Sort of like Cariou v Prince
Goldsmith's photo: copyrightblog.kluweriplaw.com/2022/05/09/andy-warhol-foundation-v-goldsmith-the-supreme-court-revisits-transformative-fair-uses.
Note that, for photographers, the "effect on the market" often has a slightly different meaning, as photographers seldom sell their images directly to the public.
The case is scheduled for oral arguments on October 12.
You'd think the advertising industry would be investing huge sums in combating this. But not exactly. Too many companies make lots of money showing ads to bots, and too many advertisers don't really seem to care [!].
Section 230 protects sites from liability for user-contributed content.
Google was sued because their recommendation algorithm recommended ISIS-recruiting videos. The Ninth Circuit rejected the lawsuit. Twitter was sued for not doing enough to remove terrorist content. The Ninth Circuit allowed the suit to proceed. So it's hard to tell which way the court will go.
The immediate practical problem for social-media sites, if they lose, is how even to detect that content is contributed by terrorist organizations.
Briefly, conservatives tend to feel §230 allows sites to censor conservatives, while liberals tend to feel §230 allows sites to distribute misinformation and hate speech.
US v Miller, Smith v Maryland