Subway Surfing Death Sparks Legal Battle Against TikTok, Instagram in Nazario v. ByteDance
America ı By Jackie Allen
356 0 Comments
What Is Subway Surfing?
Subway surfing, similar to train hopping, involves individuals climbing on top of moving subway trains—typically for thrills or to gain clout on social media. Since 2002, 16 people have died attempting the dangerous stunt in New York City alone. In response, the NYPD launched a drone surveillance program in 2023, which has led to the removal of over 200 subway surfers, according to GovTech.The Lawsuit: Tragedy Meets Tech
Norma Nazario, whose 15-year-old son Zackery died while subway surfing, is suing TikTok (owned by ByteDance), Instagram (owned by Meta), the MTA, and the NYC Transit Authority. The lawsuit alleges that Zackery was encouraged to attempt the stunt due to TikTok’s and Instagram’s algorithms, which allegedly flooded his feed with subway surfing content. According to the complaint, Zackery had become “addicted” to social media and was exposed to extreme and dangerous content without actively seeking it. https://usaherald.com/etan-patz-missing-milk-carton-children/Section 230 Under Fire
Typically, social platforms are shielded from liability under Section 230 of the Communications Decency Act. But Nazario’s suit claims this protection doesn’t apply because it targets not the content itself, but the platforms’ product design—specifically, their algorithms. “This case illustrates how the Section 230 precedent is fading,” writes law professor Eric Goldman on his Technology and Marketing Law Blog. “Courts keep chipping away at its edges to reach counterintuitive conclusions.” The court rejected the idea that TikTok and Instagram are “co-creators” of the videos simply because they provide tools for video editing. However, it did allow the lawsuit to proceed on claims related to algorithmic targeting. "The key is the company's active choice to inundate Zackery with content he did not seek," the court noted. “This type of content is popular with younger audiences... and keeps them on the platforms longer.”The Bigger Picture
While the court has not ruled on the merits of the case, it is permitting discovery to determine how Zackery was directed to subway surfing content. This could set precedent on how courts interpret algorithmic influence and user targeting.
FOLLOW US
Recent Posts
Kelly Warner Law Firm Blames USA Herald for Arizona Bar…
Aaron Kelly Law Firm Resorts To Attacking Former Client Again…
Arizona Bar Opens Investigation on Attorney Aaron Kelly
Paramount President PR $150M Lawsuit Sparks Explosive Allegations
SpaceX’s Starship V3 Test Delayed as NASA Pushes Faster Lunar…
AR-15 Rihanna Home Attack: Armed Suspect Fires Shots at Singer’s…
Live Nation DOJ Antitrust Fight Settlement Ends High-Stakes Court Battle
Pentagon-Anthropic AI Dispute Explodes Into Federal Lawsuits Over AI Safety…
G7 Oil Reserve Release Considered as Iran War Disrupts Global…
OpenAI Acquires Promptfoo to Strengthen AI Security and Testing Tools
Don’t Miss It
ISIS New York Attack Charges Filed After Alleged Bomb Plot at NYC Protest
By – Rihem AkkoucheUmbrella Armory filed for Chapter 7 as Gun Industry Slowdown Claims Another Casualty
By – Rihem AkkoucheIran’s Power Shift: Iran’s Supreme Leader Mojtaba Khamenei Emerges at the Center of Authority
By – Rihem AkkoucheWhile the World Watches Iran, Gaza Starves
By – Rochdi RaisStrike on Iranian Primary School Investigated as War Crime, According to HRW
By – Rochdi RaisIPIC Theaters Files for Bankruptcy as Luxury Cinema Chain Seeks Lifeline
By – Rachel MooreUS Cuba Economic Deal Emerges as Trump Administration Eyes Major Policy Shift
By – Rachel MooreAmazon FCC Denial of SpaceX Plan Urged in Satellite Showdown
By – Rihem Akkouche
Country Joe McDonald Died at 84, Woodstock Legend and Protest Voice Falls Silent
The music world is mourning as Country Joe McDonald died at the age of 84, closing the chapter on a…
By – Rihem Akkouche
The Northern Lights Return
The Northern Lights have a chance to be visible from several northern U.S. states on Tuesday night, forecasters at the…
By – Jackie Allen
Malaysia Airlines MH370 Disappearance Remains Unsolved After New Ocean Search
More than a decade after one of aviation’s greatest mysteries began, the Malaysia Airlines MH370 disappearance remains unsolved as a…
By – Rihem Akkouche
February Unemployment Up as Job Losses Surprise Economists
February Unemployment Up as the latest labor market data revealed weaker-than-expected job growth and a slight increase in the national…
By – Jackie Allen
Blast at US Embassy in Oslo Triggers Terrorism Investigation
An early morning blast at US embassy in Oslo has sparked a sweeping investigation by Norwegian authorities, who say terrorism…
By – Rihem Akkouche
Iran’s Supreme Leader Selection Nears as War Intensifies Across the Region
The shadow of war hangs over Tehran as Iran’s Supreme Leader selection moves closer to public announcement following the death…
By – Rihem Akkouche
Iran’s Supreme Leader Selection Nears as War Intensifies Across the Region
The shadow of war hangs over Tehran as Iran’s Supreme Leader selection moves closer to public announcement following the death…
By – Rihem Akkouche
Late-Night Attack by Venezuelan National at Florida Beach
A Late-night attack by a Venezuelan National has left a Florida community shaken after authorities say a 26-year-old man ambushed…
By – Jackie Allen
Trump’s War in Iran: Congress Confronts Escalation After U.S. Strikes
Trump’s War in Iran was triggered open conflict, casualties, and renewed constitutional debate in Washington. The crisis intensified following reports…
By – Jackie Allen
Kanye West’s Malibu Mansion Trial Takes Dramatic Turn in Court
The courtroom drama surrounding Kanye West’s Malibu mansion trial took an unusual turn Friday as the artist now legally known…
By – Rihem Akkouche
Kuwait Cuts Oil Production as Gulf Tanker Threats Disrupt Global Energy Flow
In a move that underscores the growing shockwaves across global energy markets, Kuwait cuts oil production after tanker traffic through…
By – Rihem Akkouche
OpenAI’s Caitlin Kalinowski Resigns Over Controversial Pentagon AI Agreement
The debate over artificial intelligence and national security intensified this week as OpenAI’s Caitlin Kalinowski resigns, stepping away from her…
By – Rihem Akkouche
OpenAI’s Caitlin Kalinowski Resigns Over Controversial Pentagon AI Agreement
The debate over artificial intelligence and national security intensified this week as OpenAI’s Caitlin Kalinowski resigns, stepping away from her…
By – Rihem Akkouche
Tornadoes Damage in Michigan Leaves Multiple Dead as Severe Storms Sweep Across U.S.
Deadly storms carved a destructive path across the Midwest and southern Plains, leaving communities reeling after tornadoes damage in Michigan…
By – Rihem Akkouche
US Draft AI Chip Sales Rules Could Reshape Global Tech Power Balance
The US draft AI chip sales rules being considered by the administration of Donald Trump could dramatically reshape the global…
By – Rachel Moore
Six Flags Amusement Parks Sale Signals Major Shake-Up in Theme Park Industry
A sweeping restructuring is underway in the theme park world as the Six Flags amusement parks sale moves forward, marking…
By – Rachel Moore
Vast $500M Funding Fuels Race to Build the Next Generation of Space Stations
The push to establish humanity’s long-term presence in orbit just received a powerful boost. Vast $500M Funding was announced Thursday…
By – Rihem Akkouche
Alexander Brothers Sex-Trafficking Trial Heads to Jury After Dramatic Closing Arguments
The Alexander Brothers Sex-Trafficking Trial reached a critical turning point Thursday as jurors in Manhattan federal court began deliberations in…
By – Rihem Akkouche
U.S. And Israel Launch Major Strikes On Iran — What It Means For America
TEHRAN, Iran – In a dramatic escalation of global tensions, the United States and Israel launched coordinated military strikes against Iran…
By – Samuel Lopez
U.S. Court of Appeals for the Ninth Circuit Overturns $8M Asbestos Verdict Against BNSF Railway Co.
The U.S. Court of Appeals for the Ninth Circuit has thrown out an $8 million jury verdict against BNSF Railway…
By – Tyler Brooks
Missing DNA Evidence May Limit Investigation Into Nancy Guthrie Case, Sources Suggest
Investigators examining DNA recovered from the home of Nancy Guthrie are uncertain whether the biological material will provide enough information…
By – Ahmed Boughalleb
Grand Theft Auto 6 Targets November 2026 Launch as Price Leak Fuels $100 Debate
After years of speculation, teaser trailers and headline-making leaks, Grand Theft Auto VI now has a confirmed global release date:…
By – Ahmed Boughalleb
40 Million Under Blizzard Warnings as Major Winter Storm Threatens U.S. East Coast
More than 40 million people are under blizzard warnings as a powerful winter storm moves across the eastern United States,…
By – Tyler Brooks
Violence Erupts Across Mexico After Cartel Leader “El Mencho” Killed in Military Raid, Triggering Roadblocks, Transport Disruptions, and Security Alert Across Several States
Violent clashes spread across western Mexico after security forces killed Nemesio Rubén Oseguera Cervantes, known as “El Mencho,” during a…
By – Ahmed Boughalleb
Alexander Brothers Sex-Trafficking Trial Heads to Jury After Dramatic Closing Arguments
The Alexander Brothers Sex-Trafficking Trial reached a critical turning point Thursday as jurors in Manhattan federal court began deliberations in…
By – Rihem Akkouche
Savannah Guthrie Return to NBC Planned Amid Ongoing Search for Missing Mother
The Savannah Guthrie return to NBC appears to be taking shape behind the scenes, even as the beloved morning anchor…
By – Rihem Akkouche
Supreme Court Ruling on Tariff Refunds Sparks Major Legal Push by Businesses
A rapidly expanding wave of lawsuits over import duties gained new momentum this week as courts began shaping the aftermath…
By – Rihem Akkouche
Trump, Bondi TikTok Assets Sale Suit Ignites New Legal Battle in Washington
A newly formed anti-corruption organization has launched a legal challenge that is already sending shockwaves through Washington. The Trump, Bondi…
By – Rihem Akkouche
Trump Fires Kristi Noem in Surprise Cabinet Shake-Up
In a dramatic political shake-up that rippled through Washington on Thursday, President Donald Trump dismissed Homeland Security Secretary Kristi Noem,…
By – Rihem Akkouche
Cable Trade Group Challenges Copyright Office Rule Over Retransmission Royalty Calculations
The cable industry’s leading lobbying organization has filed suit in federal court in Washington, D.C., accusing the U.S. Copyright Office…
By – Tyler Brooks
When The Files Are Finally Unsealed The Most Mind-Bending Truth May Not Be What We Expect
[USA HERALD] – There is a widespread assumption that if governments release their most highly classified files related to unidentified…
By – Samuel Lopez
Civil Rights Icon Rev. Jesse Jackson Dies at 84 As President Trump Issues Personal Tribute
[USA HERALD] — The Rev. Jesse Jackson, a towering figure of the American civil rights movement whose career spanned more than…
By – Samuel Lopez
Clues to Savannah Guthrie Missing Mom’s Disappearance Found on Security System
The disappearance of the mother of Savannah Guthrie has taken a dramatic turn as investigators focus on digital clues tied…
By – Jackie Allen
Mike Tyson Urges Americans to ‘Eat Real Food’ in Emotional Super Bowl Ad Highlighting Health Risks
Boxing legend Mike Tyson is using his platform ahead of Super Bowl 60 to address a personal and national health…
By – Tyler Brooks
Deadly “Death Cap” Mushrooms in California Cause Multiple Deaths and Liver Transplants Amid Rare Super Bloom
California health officials are warning the public after four deaths and three liver transplants linked to the highly toxic death…
By – Ahmed Boughalleb
From Migraines to Miracles: How Becca Valle Survived a Glioblastoma Diagnosis Against the Odds
Becca Valle, 41, thought her headaches were just migraines—until a sudden, unbearable pain revealed something far more serious. In September…
By – Tyler Brooks
Cadillac Names Inaugural Formula 1 Car MAC-26 in Tribute to Mario Andretti Ahead of 2026 Australian Grand Prix Debut
Cadillac has officially revealed the name of its first Formula 1 challenger, confirming that its 2026 car will be called…
By – Ahmed Boughalleb
Norway Tops Medal Table After Day 13 at 2026 Winter Olympics as Team USA Surges Into Second Place
With 13 days complete at the 2026 Milan Cortina Winter Olympics, Norway sits atop the overall medal standings, collecting 34…
By – Ahmed Boughalleb
Olympic Science Explained: How Figure Skaters Spin at Blinding Speeds Without Getting Dizzy
When Amber Glenn finishes her routine, the arena usually rises with her. The music builds, her blades carve a tight…
By – Tyler Brooks
Olympic Villages Run Out of Condoms at 2026 Milan-Cortina Games
Condom supplies in the Olympic Villages at the 2026 Winter Games have been temporarily depleted, the Milan-Cortina organizing committee confirmed,…
By – Tyler Brooks
Arizona Authorities Escalate Search for Savannah Guthrie’s Mom to a Criminal Investigation
In Arizona, police are intensifying their investigation into the disappearance of Nancy Guthrie, Savannah Guthrie’s Mom. The 84-year-old mother of…
By – Jackie Allen
What is Aegosexuality?
As conversations around sexuality continue to expand, so does the language we use to describe it. Sexuality terms are gaining…
By – Jackie AllenNo posts found.
No posts found.
No comments yet. Be the first to comment!