United States v. Cody Hopkins

Court: US Court of Appeals for the Eighth Circuit

Docket: 23-2203

Opinion Date: April 4, 2024

Judge: BENTON

Areas of Law: Communications Law, Criminal Law, Internet Law

In this case, the defendant, Cody Wayne Hopkins, was charged with Attempted Enticement of a Minor Using the Internet, in violation of 18 U.S.C. § 2422(b). The accusation revolved around an online conversation Hopkins had with a government agent posing as a 13-year-old girl. Despite knowing her age, Hopkins continued the conversation, making explicit sexual remarks, and arranging to meet her at a nearby high school. Upon arriving, Hopkins was arrested, and in a subsequent interview, admitted to knowing the girl was underage but claimed his intention was only to talk to her.

During his trial, Hopkins claimed he was severely sleep-deprived during the interview, which led to confusion. However, the prosecution implied that he was lying about this assertion since it was not mentioned in the interview's transcript, which was redacted and given to the jury. Furthermore, the prosecution argued that Hopkins intended to entice a minor into engaging in illegal sexual activity based on his explicit text messages, despite Hopkins's claims of merely wanting to talk.

The jury found Hopkins guilty, and he moved for a new trial citing prosecutorial misconduct. He argued that the prosecution had attacked his credibility based on untrue facts - that he had not mentioned sleep deprivation during the interview - and had repeatedly misstated the elements of the charged crime. However, the district court denied his motion for a new trial.

Upon review, the United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The appellate court found no plain error in the prosecution’s conduct that would affect Hopkins' substantial rights, as the evidence of his guilt was overwhelming. The court also did not find any exceptional circumstances warranting reversal due to the prosecutor's alleged misstatement of the elements of the crime during the closing argument. Lastly, the court concluded that the cumulative effect of the alleged prosecutorial misconduct did not deny Hopkins a fair trial.

Wozniak v. YouTube, LLC

Court: California Courts of Appeal

Docket: H050042M(Sixth Appellate District)

Opinion Date: April 2, 2024

Judge: Wilson

Areas of Law: Communications Law, Internet Law

The case involves tech icon Steve Wozniak and 17 other plaintiffs who sued YouTube and Google over a cryptocurrency scam. The scam involved hijacking popular YouTube channels, impersonating tech celebrities, and hosting fake live events promising to double any cryptocurrency sent to a specific account. The plaintiffs claimed that YouTube and Google knowingly hosted, promoted, and profited from the scam for years. The trial court dismissed the case on the grounds of the Communications Decency Act (CDA) of 1996, which provides immunity to interactive computer services against liability arising from content created by third parties.

On appeal, the Court of Appeal of the State of California, Sixth Appellate District, affirmed the lower court's decision for most of the plaintiffs’ claims. It held that the claims were barred by the CDA as they sought to treat YouTube and Google as publishers of third-party content. However, the court found one claim – that YouTube and Google created their own content and materially contributed to the illegality of the scam by providing verification badges to hijacked YouTube channels – could potentially fall outside the scope of CDA immunity. The court concluded that as currently pleaded, these allegations were inadequate, but there was a reasonable possibility the defects could be cured by amendment. Therefore, the court reversed and remanded the case for further proceedings.