The U.S. Supreme Court issued a landmark decision today in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (“the Act”). The ruling, delivered per curiam, has significant implications for social media platforms and national security law, particularly concerning foreign-controlled entities operating in the United States. Case Summary The Act prohibits the operation of foreign adversary-controlled applications in the U.S. without a qualified divestiture. TikTok, owned by China-based ByteDance Ltd., challenged the Act, arguing that it violated the First Amendment rights of the company and its users. Petitioners also contested the Act’s data-collection rationale and divestiture requirements. Supreme Court Ruling The Court held that the Act, as applied to TikTok, does not violate the First Amendment. Key findings include: Intermediate Scrutiny Applied: The Court found that the Act's provisions are content-neutral, aimed at preventing the exploitation of U.S. user data by a foreign adversary, and tailored to address national security concerns. Compelling Government Interest: The Court upheld Congress’s determination that TikTok’s scale and data collection practices pose a significant risk, especially given ByteDance's obligations under Chinese law to cooperate with government intelligence operations. Tailoring of the Law: The Act does not outright…

Dear Valued Clients, On October 16, 2024, the Federal Trade Commission (FTC) announced the finalization of the "Click-to-Cancel" Rule, an amendment to the Negative Option Rule designed to make it easier for consumers to cancel recurring subscriptions and memberships. Most provisions of the final rule will go into effect 180 days after its publication in the Federal Register. As your trusted legal advisors, Silverstein Legal is committed to keeping you informed about regulatory changes that may impact your operations. This new rule has significant implications for businesses offering subscription services, including those in the adult entertainment industry. Key Provisions of the Final "Click-to-Cancel" Rule 1. Simplified Cancellation Process: Easy Cancellation Mechanism: Businesses must provide a cancellation method that is as easy to use as the method consumers used to sign up. If customers enrolled online, they must be able to cancel online without unnecessary steps or obstacles. No Unnecessary Barriers: Sellers cannot require consumers to interact with a customer service representative or go through lengthy procedures to cancel their subscriptions if they did not do so to sign up. 2. Clear and Conspicuous Disclosures Material Terms Disclosure: Before obtaining a consumer's billing information, you must clearly and conspicuously disclose all…

Reach out today to set your appointment with #websiteattorney in Portugal! Cyberspace (February 6, 2024) - Website Attorney Corey Silverstein, the driving force behind WebsiteAttorney.com is pleased to announce that he will be attending TES 2024, as well as share his TES 2024 speaking lineup. The European Summit – aka TES Affiliate Conference – happens from February 23 - 26, 2024 at The Oitavos Hotel in Cascais, Portugal. Silverstein’s speaking events are scheduled for the 25th and the 26th.  First up is the “Annual Legal Update – The Biggest Issues of 2024 (Age Verification & More...),” slated for February 25, from 11:00 – 11:50 AM (local time). This seminar will get you caught up on all of the major legal developments and what you should be doing to have a smooth 2024.  2023 was a crazy year for developments in the law for internet businesses across the globe. In the United States, age verification has exploded, the FTC has opened an official investigation into ChatGPT, and the Supreme Court made major rulings related to Section 230 of the Communications Decency Act affecting all platforms that allow user submitted content. In Europe, accusations of illegal data collection are heating up as GDPR enforcement…

WIRED’s Amanda Hoover recently wrote an article discussing Mastodon’s sudden growth, in light of Elon Musk’s recent purchase of Twitter and Twitter users’ apparent frustration with the Twitter platform. As part of this must-read article, Amanda Hoover interviewed internet attorney Corey Silverstein to discuss the legal concerns Mastodon users [instances] must pay attention to. The full article can be read here. Electronic Frontier Foundation’s legal director, Corynne McSherry was also interviewed for this story. Electronic Frontier Foundation’s legal director, Corynne McSherry was also interviewed for this story. Website attorney, Corey Silverstein continues to advise anyone operating any type of social media presence to ensure that they are familiar with all of the legal issues surrounding managing/operating a service that allows any type of user-submitted content (text, audio, photo and video). About Silverstein Legal Founded in 2006 by adult entertainment lawyer Corey D. Silverstein, Silverstein Legal is a boutique law firm that caters to the needs of anyone working in the adult entertainment industry. Silverstein Legal’s clients include hosting companies, affiliate programs, content producers, processors, designers, developers, and website operators.

On November 23, 2022, Andres Gutierrez of CBS News Detroit released an important story discussing the 600% increase in school threats. Among those interviewed for this story were, criminal defense attorney Corey Silverstein, Oakland County Sheriff Michael Bouchard, and Oakland County Prosecutor Karen McDonald. Attorney Corey Silverstein has represented individuals accused and charged with making alleged school threats and during this interview, he discussed the problems with minors not being psychologically developed enough to understand the consequences of their actions and their complete lack of education when it comes to the lifetime implications of poor decision making. This is a story that shouldn’t be missed and parents should view it with their children to discuss the topic in great detail. The full story can be seen read and watched here

Join Corey Silverstein for seminar events and schedule an on-site appointment to meet with the industry’s top legal mind! Cyberspace (June 22, 2022) - Corey Silverstein, the driving force behind Silverstein Legal is pleased to announce his post-COVID return to The European Summit Affiliate Conferences (TES). Silverstein will lend his expertise and insights during multiple TES events. Attendees can also schedule an on-site appointment with Silverstein during the show. TES is happening from August 22 - 25 at the Vienna House Diplomat Hotel in Prague, Czech Republic. Register here. Silverstein is returning as a sponsor for the show and will have a dedicated meeting room – Rome, which is located on the show’s first floor – available for the duration of the event. Prospective clients, existing clients, and/or anyone just wanting to say hello can stop by to meet Silverstein. Visitors are encouraged to schedule a meeting in advance of the show by emailing corey@silversteinlegal.com directly. “TES Prague has become the biggest and best yearly show for anyone operating in the online marketplace,” Silverstein said. “COVID may have paused things for a minute, but now that the world is slowly normalizing, there was no way I would miss attending and…

First Amendment Attorney Corey Silverstein will appear LIVE on KCAA Radio on Monday, October 12, 2020 at 7:15pm EST. Prominent First Amendment Attorney Corey Silverstein has accepted an invitation to appear LIVE on the popular ‘For the People’ radio show on KCAA Radio on Monday, October 12, 2020 at 7:15pm EST. Judge Herb Dodell and his co-host Gary Garver will be talking with 1st amendment lawyer Corey Silverstein about the 1st amendment, in light of the alleged plot to kidnap Michigan’s Governor, Gretchen Whitmer. Free speech and protests are a hot subject and this is a can’t miss episode of the show. The ‘For the People Radio Show’ is hosted by Judge Herb Dodell and his co-host Gary Garver and broadcasted on KCAA Radio. Per Judge Herb Dodell’s website, “The purpose of the show is to help people navigate the legal system. It provides information as to how the legal system really works, from the inside and from the perspective of a long time trial lawyer (the trench) and Superior Court judge (the bench). It illustrates the principles with real cases and provides guidelines for people who are in the system or about to be involved in it, including small…

GATDAILY.com is a premiere news and blog website that focusses on second amendment related news, politics and reviews. Attorney Corey Silverstein was recently interviewed by gatdaily.com regarding a recent decision by the Connecticut Supreme Court. In the matter of, Donna L. Soto, Administratix (Estate of Victoria L. Soto), et. al v. Bushmaster Firearms International, LLC, et.al, the Connecticut Supreme Court ruled that gun manufacturer Remington can be sued for how it marketed the Bushmaster rifle used in the Sandy Hook Elementary attack in 2012. The complete opinion from the Connecticut Supreme Court can be found here. The Court’s ruling centers on the Protection of Lawful Commerce in Arms Act (PLCAA) that provides shielding to manufacturers and retailers from civil liability in lawsuits brought by victims of gun violence. Amongst his comments, 2nd Amendment attorney, Corey Silverstein indicated, “While I understand and respect the Court’s ruling, I do not have to agree with it. This sort of decision will result in a flood of cases by victims of gun violence and the families of deceased victims looking for restitution from a “deeper pocket” said constitutional attorney Corey Silverstein. “I have always believed that everyone deserves their day in court but this…