In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform....more
Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to...more
6/22/2020
/ #MeToo ,
Communications Decency Act ,
Congressional Intent ,
Defamation ,
Department of Justice (DOJ) ,
DMCA ,
E-Commerce ,
Enforcement Actions ,
Executive Orders ,
First Amendment ,
Hate Speech ,
Revenge Porn ,
Section 230
Despite continued scrutiny over the legal immunity online providers enjoy under Section 230 of the Communications Decency Act (CDA), online platforms continue to successfully invoke its protections. This is illustrated by...more
In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take...more
8/1/2018
/ CA Supreme Court ,
Communications Decency Act ,
Defamation ,
Due Process ,
First Amendment ,
Online Platforms ,
Online Reviews ,
Publishers ,
Section 230 ,
Statutory Immunity ,
Yelp
Such Scraping “Plausibly Falls within the Ambit of the First Amendment”
The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more
5/1/2018
/ Breach of Contract ,
Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Constitutional Challenges ,
Cyber Crimes ,
Data Collection ,
DMCA ,
First Amendment ,
Free Speech ,
Privacy Policy ,
Terms of Use ,
Web Scraping ,
Websites
In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more
11/10/2017
/ Canada ,
Comity ,
Communications Decency Act ,
Delisting ,
E-Commerce ,
EU ,
First Amendment ,
Free Speech ,
Google ,
Injunctive Relief ,
Preliminary Injunctions ,
Right to Be Forgotten ,
Section 230 ,
Supreme Court of Canada ,
Website Owner Liability ,
Websites
We previously wrote about a Tennessee district court’s decision holding that a hotel’s inclusion at the top of the 2011 TripAdvisor “Dirtiest Hotels” list constituted hyperbolic opinion and rhetorical exaggeration, and thus...more