Supreme Court of the United States · Official docket →
Malwarebytes, Inc. v. Enigma Software Group USA, LLC
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-17351 · judgment December 31, 2019
Before the decision, about 5.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Section 230(c)(2)(B) of the Communications Decency Act provides immunity from most civil liability to computer-service providers for “any action taken to enable or make available to * * * others the technical means to restrict access to material” that “the provider or user considers to be * * * objectionable.” 47 U.S.C. § 230(c)(2). The court below agreed that none of the narrow, express exceptions to that immunity in Section 230(e) apply here. The question presented is: Whether federal courts can derive an implied exception to Section 230(c)(2)(B) immunity for blocking or filtering decisions when they are alleged to be “driven by anticompetitive animus.” (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Milbank LLP
For respondent
Terry Budd
Budd Law PLLC
Argument & decision
Decided October 13, 2020.
Proceedings
- Oct 13 2020Petition DENIED. Statement of Justice Thomas respecting the denial of certiorari. (Detached Opinion)
- Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
- Sep 22 2020Rescheduled.
- Aug 12 2020DISTRIBUTED for Conference of 9/29/2020.
- Aug 12 2020Reply of petitioner Malwarebytes, Inc. filed. (Distributed)
- Jul 27 2020Brief of respondent Enigma Software Group USA, LLC in opposition filed.
- Jun 12 2020Brief amicus curiae of TechFreedom filed.
- Jun 12 2020Brief amici curiae of Cybersecurity Experts filed.
- Jun 12 2020Brief amicus curiae of Internet Association submitted.
- Jun 11 2020Brief amicus curiae of ESET, LLC filed.
- May 22 2020Motion to extend the time to file a response is granted and the time is extended to and including July 27, 2020.
- May 21 2020Motion to extend the time to file a response from June 12, 2020 to July 27, 2020, submitted to The Clerk.
- May 21 2020Brief amicus curiae of Electronic Frontier Foundation filed.
- May 11 2020Petition for a writ of certiorari filed. (Response due June 12, 2020)
- Mar 09 2020Application (19A993) granted by Justice Kagan extending the time to file until May 11, 2020.
- Mar 06 2020Application (19A993) to extend the time to file a petition for a writ of certiorari from March 30, 2020 to May 11, 2020, submitted to Justice Kagan.