News & Analysis as of

Communications Decency Act Social Media Websites

Buckingham, Doolittle & Burroughs, LLC

What is Section 230?

The Internet makes it easier than ever to connect with people around the world, share ideas and information, and have their voices heard regardless of whether they are a single individual with limited resources or a massive...more

Saiber LLC

The Supreme Court Declines Another Opportunity to Consider Section 230

Saiber LLC on

​​​​​​​Just twelve days after Supreme Court of the United States issued a per curiam decision in Gonzalez v. Google LLC, in which the Court declined to address the application of §230 of the Communications Decency Act, 47...more

Partridge Snow & Hahn LLP

Supreme Court Rules for Twitter and Declines to Address Section 230 in Much-Anticipated ISIS Case

On May 18, 2023, in Twitter, Inc. v. Taamneh et al., the United States Supreme Court ruled against an Islamic State of Iraq and Syria (“ISIS”) attack victim’s family who sought to hold Twitter, and other social media...more

Proskauer - New Media & Technology

Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake

Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers...more

Morrison & Foerster LLP - Social Media

Facebook Rebrands As “Meta;” Disables Facial Recognition Capabilities

In late October, Facebook announced that it would change its name to Meta, signaling a shift of the social media giant’s focus toward the metaverse, a virtual space where social media, gaming, augmented reality, virtual...more

Proskauer Rose LLP

The Law on Online Content Moderation and Where It's Headed

Proskauer Rose LLP on

Online platforms that allow users to post content face a constant choice: to remove or to not remove, to police or not to police. Shakespearean allusions aside, platforms generally want user engagement — to reach as many...more

Vinson & Elkins LLP

A New Filter For Section 230: Snapchat Court Joins Lawmakers In Chipping Away At Social Media Immunity

Vinson & Elkins LLP on

Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the...more

Manatt, Phelps & Phillips, LLP

Section 230 Under Assault: It’s Not Just a Big Tech Problem

Section 230 of the Communications Decency Act (CDA) is once again at the center of a major political debate, with momentum building for an overhaul of the statute that many view as having served a critical role in the rise of...more

Wiley Rein LLP

Three Ways the SAFE TECH Act Would Amend Section 230

Wiley Rein LLP on

While we are still in the infancy of the Biden Administration, it is clear that bipartisan desire to amend Section 230 of the Communications Decency Act (“Section 230”) remains active. On February 8, 2021, Sen. Mark Warner...more

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

Womble Bond Dickinson on

In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...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

Legislators Propose Narrowing § 230’s Protections

As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law...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

K&L Gates LLP

Digital Crisis PR: Dealing with Negative Online Reviews

K&L Gates LLP on

Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

K&L Gates LLP on

Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Morrison & Foerster LLP - Social Media

2016: Our Greatest Hits

Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and...more

Morrison & Foerster LLP - Social Media

The Decline and Fall of Section 230?

2016 has been a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or Leonard Cohen, feel free to drop us a line). But one possible...more

Proskauer - New Media & Technology

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

Morrison & Foerster LLP - Social Media

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

Bilzin Sumberg

Lessons from eMerge: The Communication Decency Act, A Tool Against Cyberbullying

Bilzin Sumberg on

The 3rd annual eMerge conference hosted a list of speakers as diverse as Miami. Among them, Colin Powell, Tony Hawk, Pitbull, and Monica Lewinsky. Just last year, Ms. Lewinsky broke her public silence when she gave a...more

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