Choose Your Words Wisely: Affirmative Representation as a Limit on § 230 Immunity

Since its enactment in 1996, § 230 of the Communications Decency Act has shielded Web site operators from liability arising out of third-party content. The statute preempts any claim that would treat the defendant as a “publisher” or “speaker” of that content, but recent cases suggest that a defendant’s own statements may constitute an independent source of liability beyond the scope of § 230. In Mazur v. eBay, a federal district court held that § 230 does not bar claims of fraudulent misrepresentation when a defendant has described a third party’s auctioning procedures as “safe.” More recently, the Ninth Circuit in Barnes v. Yahoo! allowed a promissory estoppel claim to proceed against a defendant that failed to remove defamatory material from its Web site after assuring the plaintiff it would do so. A third case, Goddard v. Google, suggests that the Barnes decision could support claims by third-party beneficiaries as well. This Article analyzes these recent developments, discusses their potential impact on representations in marketing and terms of use, and assesses the willingness of courts to consider more expansive fraud- and contract-based limitations on § 230 immunity

Inducement or Solicitation? Competing Interpretation of the Underlying Illegality Test in the Wake of \u3ci\u3eRoommates.com\u3c/i\u3e

In Fair Housing Council of San Fernando Valley v. Roommates.com, the United States Court of Appeals for the Ninth Circuit held that a Web site operator loses the immunity granted by section 230 of the Communications Decency Act by materially contributing to the alleged illegality of its third-party content. Subsequent case law seems to reflect two different standards for determining when this “underlying illegality” test is satisfied. Most courts have adopted a narrow reading of Roommates.com, denying immunity only when a Web site has explicitly requested illegal content. In NPS LLC v. StubHub, Inc., however, a Massachusetts district court appears to adopt a broader inducement-based standard that would impose liability upon a much wider range of conduct. This Article examines the recent case law in order to identify the contours of these differing theories for negating § 230 immunity

The Importance of Mammalogy, Infectious Disease Research, and Biosafety in the Field

Large amounts of data and multitudes of publications have been independently generated by researchers in mammalogy and infectious diseases. The frequent confluence of these fields in epidemiological research as well as the facility of the data generated to be used in applied methods (e.g., conservation, public outreach, public health interventions) suggests that the intersection of these fields is important not only to their committed scientists but also to other areas of investigation, including public health. Given the increased frequency with which researchers in these fields interact with potentially infected humans, animals, and tissues, their occupations present a higher risk of exposure to a variety of pathogens than those in other fields of biology or among most jobs of the general public. However, a variety of methods are available for minimizing this risk, including increasing awareness of potential risks, using medical prophylaxes (when available), properly employing personal protective equipment, and using adequate disinfectants. Although instances of serious illness from zoonotic diseases among field researchers may be uncommon, they do occur; the purpose of this document is to increase awareness of risks that researchers—principal investigators and students alike—face and highlight steps and resources that can mitigate those risks

The Importance of Mammalogy, Infectious Disease Research, and Biosafety in the Field

Large amounts of data and multitudes of publications have been independently generated by researchers in mammalogy and infectious diseases. The frequent confluence of these fields in epidemiological research as well as the facility of the data generated to be used in applied methods (e.g., conservation, public outreach, public health interventions) suggests that the intersection of these fields is important not only to their committed scientists but also to other areas of investigation, including public health. Given the increased frequency with which researchers in these fields interact with potentially infected humans, animals, and tissues, their occupations present a higher risk of exposure to a variety of pathogens than those in other fields of biology or among most jobs of the general public. However, a variety of methods are available for minimizing this risk, including increasing awareness of potential risks, using medical prophylaxes (when available), properly employing personal protective equipment, and using adequate disinfectants. Although instances of serious illness from zoonotic diseases among field researchers may be uncommon, they do occur; the purpose of this document is to increase awareness of risks that researchers—principal investigators and students alike—face and highlight steps and resources that can mitigate those risks

TESS Data Release Notes: Sector 17, DR24

This release note discusses the science data products produced by the Science Processing Operations Center at Ames Research Center from Sector 17 observations made with the TESS spacecraft and cameras as a means to document instrument performance and data characteristics

TESS Data Release Notes: Sector 18 DR25

This release note discusses the science data products produced by the Science Processing Operations Center at Ames Research Center from Sector 18 observations made with the TESS spacecraft and cameras as a means to document instrument performance and data characteristics

TESS Data Release Notes: Sector 20, DR27

This release note discusses the science data products produced by the Science Processing Operations Center at Ames Research Center from Sector 20 observations made with the TESS spacecraft and cameras as a means to document instrument performance and data characteristics

TESS Data Release Notes: Sector 16, DR22

This release note discusses the science data products produced by the Science Processing Operations Center at Ames Research Center from Sector 16 observations made with the TESS spacecraft and cameras as a means to document instrument performance and data characteristics

TESS Data Release Notes: Sector 9 DR11

This release note discusses the science data products produced by the Science Processing Operations Center at Ames Research Center from Sector 9 observations made with the TESS spacecraft and cameras as a means to document instrument performance and data characteristics

Potent and selective antisense oligonucleotides targeting single-nucleotide polymorphisms in the Huntington disease gene / allele-specific silencing of mutant huntingtin

Huntington disease (HD) is an autosomal dominant neurodegenerative disorder caused by CAG-expansion in the huntingtin gene (HTT) that results in a toxic gain of function in the mutant huntingtin protein (mHTT). Reducing the expression of mHTT is therefore an attractive therapy for HD. However, wild-type HTT protein is essential for development and has critical roles in maintaining neuronal health. Therapies for HD that reduce wild-type HTT may therefore generate unintended negative consequences. We have identified single-nucleotide polymorphism (SNP) targets in the human HD population for the disease-specific targeting of the HTT gene. Using primary cells from patients with HD and the transgenic YAC18 and BACHD mouse lines, we developed antisense oligonucleotide (ASO) molecules that potently and selectively silence mHTT at both exonic and intronic SNP sites. Modification of these ASOs with S-constrained-ethyl (cET) motifs significantly improves potency while maintaining allele selectively in vitro. The developed ASO is potent and selective for mHTT in vivo after delivery to the mouse brain. We demonstrate that potent and selective allele-specific knockdown of the mHTT protein can be achieved at therapeutically relevant SNP sites using ASOs in vitro and in vivo