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Communications Decency Act Corporate Counsel

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

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Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

Locke Lord LLP

Ringless Voicemail Service Provider Protected by Strong Ruling on Section 230 Immunity

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In a case that could have broad implications for telecommunications platforms, telemarketing, and privacy law, Stratics Networks Inc. (Stratics), an interactive communications software corporation offering ringless voicemail...more

Fenwick & West LLP

Enforcement of California’s Age-Appropriate Design Code Act Is Put on Ice — for Now

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On September 18, 2023, a U.S. District Court judge in the Northern District of California granted a preliminary injunction enjoining California’s attorney general from enforcing California’s California Age-Appropriate Design...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court’s Take on Section 230: What it Means for Online Platforms – and What’s Next

The U.S. Supreme Court decided two cases recently that left untouched Section 230 of the Communications Decency Act, which provides online platforms immunity from claims based on content that their users create and share on...more

Weintraub Tobin

GoDaddy Obtains Section 230 Immunity Despite Plaintiffs’ “Sympathetic” Claims

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Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third...more

Jackson Lewis P.C.

Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

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In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows...more

Ballard Spahr LLP

Fourth Circuit Rules Communications Decency Act Did Not Protect Data Aggregator From FCRA Liability

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The Fourth Circuit Court of Appeals in Henderson v. Source For Pub. Data, L.P., No. 21-1678, 2022 U.S. App. LEXIS 30534 (4th Cir. Nov. 3, 2022) found that the protections of Section 230 of the Communications Decency Act did...more

Proskauer - Blockchain and the Law

App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet App

Background - The issue of fraudulent crypto-related mobile apps has received much attention of late. Back in July 2022, the FBI issued a notice, warning financial institutions and investors about instances where criminals...more

Wiley Rein LLP

FTC Launches National Privacy Rulemaking

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On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more

McDermott Will & Emery

Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another

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The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency Act (CDA), 47 USC § 230, and for copyright infringement under the fair use...more

Skadden, Arps, Slate, Meagher & Flom LLP

Issues on the Horizon at the US Supreme Court: 2022 and Beyond

Takeaways - Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies. The preemption of state employment laws by...more

Proskauer - New Media & Technology

Some Interesting CDA Section 230 Developments: A Novel FCRA Victory, a Negligent Design Exception and a Startling New State Law

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

Morrison & Foerster LLP - Social Media

Northern District Of California Holds That Section 230 Applies To App Store

While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination, the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to...more

King & Spalding

Northern District of California Holds Plaintiffs Lack Article III Standing to Sue Ancestry.com for Profiting Off Their Personal...

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On March 1, 2021, Magistrate Judge Laurel Beeler of the Northern District of California dismissed a variety of claims brought against the genealogy website Ancestry.com based on the website’s use of individuals’ personal...more

WilmerHale

Second Circuit Affirms Broad Immunity for Online Providers to Remove Third-Party Content from Their Websites

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Earlier this month, in Domen v. Vimeo, Inc., a panel of the U.S. Court of Appeals for the Second Circuit held that a relatively unused subpart of Section 230 of the Communications Decency Act (CDA) - namely, 47 U.S.C. §...more

Vinson & Elkins LLP

Are Cuts Coming To The “Twenty-Six Words That Created The Internet?”

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For almost a quarter of a century, curators of online content have avoided being treated as “publishers” or “speakers” of statements made by third-party users thanks to Section 230(c)(1) of the Communications Decency Act...more

Morrison & Foerster LLP - Social Media

CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms

A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims. ...more

Morrison & Foerster LLP - Social Media

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

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In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

K&L Gates LLP

Section 230 Immunity Protects Yelp from Injunction Order to Remove Defamatory Posts

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In a long-awaited decision, the California Supreme Court ruled this week that Yelp cannot be forced to remove a review posted on its website. Hassell v. Bird, 2018 WL 3213933 (Cal. Sup. Ct. July 2, 2018). Both the superior...more

Pillsbury Winthrop Shaw Pittman LLP

Bill Expands Corporate Liability for Human Trafficking to Social Media Companies

By removing immunity for illegal content, the recently passed bill emphasizes the need for anti-human trafficking compliance and online account monitoring. The recently passed bill creates civil liability for social media...more

Proskauer - New Media & Technology

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

Fisher Phillips

California Employers May Sue For Online Defamation

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The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

Morrison & Foerster LLP - Social Media

In a Rough Year for CDA §230, Manchanda v. Google Provides Comfort to Website Operators

As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the Communications Decency Act (CDA) still provides robust protection against liability for website...more

Kelley Drye & Warren LLP

Gawker Remains in the Crosshairs: Seventh Circuit Finds that Online Media Publisher Can Be Liable for Defamatory Third-Party User...

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The Seventh Circuit Court of Appeals recently kept alive one of the multitude of legal entanglements ensnaring Gawker Media LLC, as the Court reversed and remanded a lower court’s decision to dismiss a plaintiff’s defamation...more

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