Litigation Alert: Roommate.com en banc

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The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act (?CDA?) for internet service providers against liability for information created and provided by third parties. In Fair Housing Council of San Fernando Valley v. Roommate.com, LLC, an en banc panel of the Ninth Circuit affirmed its earlier decision, holding that Roommate.com is not entitled to immunity for some of its activities in operating a roommate matching website. This decision represents a departure from the broad reading of CDA immunity previously given by this Court and other circuits, and sets new limits on the availability of immunity provided by CDA Section 230(c).

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