The theory of the case is that Twitter is materially supporting terrorism.
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Seth Waxman in court like
#nevertweet -
Waxman: “The act of opening an account is an act of providing content."
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What up
@sethpwaxman -
#ff@sethpwaxman, former Solicitor General of the United States of America and Twitter egg -
lol he had 4 followers before I tweeted that. He's going to be so surprised when he checks his Twitter again in a year
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Waxman says another material support for terrorism lawsuit was filed against Twitter and Facebook just yesterday.
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Waxman says that material support statute doesn't have an intentionality or causation requirement when government prosecutes.
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(????????)
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However he says that it's different when talking about the civil remedy.
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Waxman points out that federal law enforcement have never gone after online platforms for material support to terrorism.
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"These platforms have been around for a long time and the material support statute dates back to 1998."
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"No one in federal law enforcement has ever suggested that Facebook or Youtube or Twitter or Apple (????)..."
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"...or any of these social media services are providing material support to terrorism."
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Orrick letting plaintiff get the last word. Plaintiff starts off by saying that the ISIS cat video hypothetical is real ....
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e.g., ISIS sends cat videos to win hearts and minds
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Plaintiff says CDA 230 is not supposed to be a “get out of jail free card for businesses that publish on the internet.”
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Orrick says he's still inclined to grant the motion, says he'll get the order out quickly and that he will grant leave to amend
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So official decision not out but this case is ~probably~ dismissed for the time being
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Waxman doesn't seem to want to talk on the record so I'm going to roll on out.
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These are the attorneys for the new copycat lawsuit that popped up yesterday. https://www.documentcloud.org/documents/2860953-Isis.html …pic.twitter.com/Sj6AvNEv91
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I would really like to see Waxman versus 1-800-LAW-FIRM in court
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