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New Lawsuit Takes a Unique Approach To Holding Social Media Companies Accountable
Christian Hetrick
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.
Social media companies are often accused of hosting harmful content, but it’s very hard to successfully sue them. A federal law known as Section 230 largely protects the platforms from legal responsibility for hate speech, slander and misinformation created by its users.
But a new lawsuit blaming TikTok for the deaths of two children is taking a different approach. Rather than accuse the company of failing to moderate content, the complaint claims TikTok is a dangerous and defective product.
The suit, filed last week in Los Angeles County Superior Court, takes aim at the video sharing app’s recommendation algorithm, alleging that it served up videos depicting the deadly “Blackout Challenge,” in which people choke themselves to achieve a euphoric feeling. Two children—8-year-old Lalani Erika Walton and 9-year-old Arriani Jaileen Arroyo—died last year after allegedly trying the "blackout challenge," the suit said.
“We believe that there is a fundamental flaw in the design of the algorithm that directs these children to this horrific thing,” Matthew Bergman, the lawyer for the children's families, told dot.LA. Bergman is the founding attorney for the Social Media Victims Law Center, a self-described legal resource for parents of children harmed by social media.
Section 230 has long been an obstacle for social media’s opponents. "You can't sue Facebook. You have no recourse,” U.S. Sen. Richard Blumenthal, a Democrat from Connecticut, said last year after Facebook whistleblower Frances Haugen detailed Instagram’s toxic effect on young girls. The federal law’s defenders contend that Section 230 is what allows websites like YouTube and Craigslist to host user-generated content. It would be infeasible for companies to block all the objectionable posts from their massive user bases, the argument goes.
The strategy of bypassing that debate altogether by focusing on apps’ designs and features has gained steam lately. In May, an appellate panel ruled that Santa Monica-based Snap can’t dodge a lawsuit alleging that a Snapchat speed filter—which superimposed users’ speeds on top of photos and videos—played a role in a deadly car crash at 113 mph. The judges said Section 230 didn’t apply to the case because the lawsuit did not seek to hold Snap liable as a publisher.
Similarly, California lawmakers are advancing a bill that would leave social media companies open to lawsuits alleging their apps have addicted children. Proponents of the bill take issue with product features such as likes, comments and push notifications that grab users’ attention, with the ultimate goal of showing them ads.
“A product liability claim is separate and distinct from suing a company for posting third party content or publishing third party content, which we know has been unfruitful in many ways, for many years, as a vehicle to hold these companies accountable,” Bergman said.
Representatives for Culver City-based TikTok did not return a request for comment. In a previous statement about another TikTok user’s death, a company spokesperson noted the “disturbing” blackout challenge predates TikTok, pointing to a 2008 warning from the Centers for Disease Control and Prevention about deadly choking games. The spokesperson claimed the challenge “has never been a TikTok trend.” The app currently doesn’t produce any search results for “blackout challenge” or a related hashtag.
It’s too early to tell whether product liability claims will be more successful against social media companies. “We're realistic here. This is a long fight,” Bergman said. In the meantime, his suit against TikTok takes pains to note what it is not about: the users posting the dangerous challenge videos.
“Plaintiffs are not alleging that TikTok is liable for what third parties said or did [on the platform],” the suit said. “but for what TikTok did or did not do.”
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Christian Hetrick
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.
🤫 The Secret to Staying Fit at Your Desk: 6 Essential Under-Desk Exercise Machines
06:26 PM | July 24, 2024
Health experts are sounding the alarm: our sedentary jobs are slowly killing us, yet we can't abandon our desks if we want to keep the lights on. It feels like we're caught between a rock and a hard place. Enter under-desk exercise machines – the overlooked heroes (albeit kind of goofy looking) of the modern workspace. These devices let tech professionals stay active, enhance their health, and increase their productivity, all without stepping away from their screens. Here are 6 fantastic options that will enhance the way you work and workout simultaneously.
DeskCycle Under Desk Bike Pedal Exerciser
This bike has nearly ten thousand five-star reviews on amazon. It works with nearly any desk/chair setup. It is quiet, sturdy and allows up to 40 pounds of resistance. If you are looking for an under-desk bike this is a fantastic option.
Type: Under-Desk Bike
Price: $180 - $200Sunny Health & Fitness Dual Function Under Desk Pedal Exerciser
This under-desk bike is extremely quiet due to the magnetic resistance making it an ideal option if you work in a shared space. It doesn’t slip, has eight levels of resistance, and the option to work legs and arms. It’s about half the price of the DeskCycle bike making it a solid mid-range option for those looking to increase their daily activity.
Type: Under-Desk Bike
Price: $100 - $110Sunny Health & Fitness Sitting Under Desk Elliptical
This under-desk elliptical comes in multiple colors if you really want to underscore that you are a quirky individual, in case an under-desk elliptical isn’t enough. This model is a bit heavy (very sturdy), has eight different resistance levels, and has more than nine thousand 5-star reviews.
Type: Under-Desk Elliptical
Price: $120 - $230
DeskCycle Ellipse Leg Exerciser
This under-desk elliptical is another great option. It is a bit pricey but it’s quiet, well-made and has eight resistance levels. It also syncs with your apple watch or fitbit which is a very large perk for those office-wide “step” challenges. Get ready to win.
Type: Under-Desk Elliptical
Price: $220 - $230Daeyegim Quiet LED Remote Treadmill
If you have a standing desk and are looking to walk and work this is a fantastic option. This walking-only treadmill allows you to walk between 0.5 to 5 mph (or jog unless you have the stride length of an NBA forward). It is very quiet, which is perfect if you want to use it near others or during a meeting. You can’t change the incline or fold it in half but it is great for simply getting in some extra steps during the work day.
Type: Under-Desk Treadmill
Price: $220 - $230Sunny Health & Fitness Foldable Manual Treadmill
This under-desk treadmill isn’t the most premium model but it is affordable and has an impressive array of features. It is a manual treadmill meaning it doesn’t need to be plugged in; it is foldable and offers an incline up to 13%. I personally can’t imagine working and walking up a 13% incline but if that sounds like your cup of tea, then I truly respect the hustle.
Type: Under-Desk Treadmill
Price: $150 - $200Read moreShow less
LA’s Upgrade in Travel and NBA Viewing
08:41 AM | July 26, 2024
Image Source: Los Angeles World Airports
🔦 Spotlight
Exciting developments are underway for Los Angeles as the city prepares for major upgrades in both travel and entertainment. The Los Angeles Board of Airport Commissioners has approved an additional $400 million for the Automated People Mover (APM) at LAX, increasing its total budget to $3.34 billion. This boost ensures the elevated train’s completion by December 8, 2025, with service starting in January 2026. For Angelenos, this means a significant improvement in travel convenience. The APM will streamline connections between parking, rental car facilities, and the new Metro transit station, drastically cutting traffic congestion around the airport. Imagine a future without the dreaded 30-minute traffic delays at LAX! The APM will operate 24/7, reducing airport traffic by 42 million vehicle miles annually and carrying 30 million passengers each year, while also creating thousands of local jobs and supporting small businesses.
Meanwhile, the NBA is also making waves with its new broadcasting deals. The league has signed multi-year agreements with ESPN, NBC, and Amazon Prime Video, marking a notable shift in media partnerships. ESPN will maintain its long-standing role, NBC returns as a network broadcaster after years away, and Amazon Prime Video will provide NBA games through its streaming platform. Starting with the 2025-2026 season, these deals will enhance the league's reach and revenue, aligning with the NBA's goal to expand its audience and adapt to evolving viewing habits. Whether you're catching the action on TV or streaming online, these changes promise to elevate the fan experience and bring more basketball excitement to Los Angeles.
🤝 Venture Deals
LA Companies
- Pearl, a startup that makes AI-powered software that assists dentists in identifying cavities, gum disease, and other dental conditions, raised a $58M Series B funding led by Left Lane Capital with Smash Capital, and others also participating. - learn more
LA Venture Funds
- Fulcrum Venture Group participated in a prior $3.5M Pre-Seed Round for Code Metal, a developer tools startup. - learn more
- B Capital co-led a $12.5M Seed Round for Star Catcher, a startup that aims to develop a space-based grid that captures solar energy in space and distributes it to satellites and other space assets. - learn more
- Mantis VC and Amplify participated in a $140M Series C for Chainguard, an open source security startup. - learn more
- Prominent LA venture capitalist, Carter Reum and wife, Paris Hilton, participated in a $14M Seed/Series A for W, the men’s personal care brand from Jake Paul. - learn more
LA Exits
- Warner Bros. Games acquired Player First Games, developer of the recently launched MultiVersus free-to-play platform fighter videogame. - learn more
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