News & Analysis as of

Internet User-Generated Content

Proskauer - New Media & Technology

A Final Bow for Section 230? Latest Plea for Reform Calls for Sunset of Immunity Law

Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the...more

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

Robinson+Cole Data Privacy + Security Insider

Proposed EARN IT Act Sparks Controversy

Senators Richard Blumenthal (D-CT) and Lindsay Graham (R-SC) have reintroduced the EARN IT Act for congressional consideration. The proposed bill, titled in full the “Eliminating Abusive and Rampant Neglect of Interactive...more

Pillsbury - Internet & Social Media Law Blog

The Misinformation of Capitol Hill: Section 230 and the Weaponization of Social Media

Social media has experienced an unprecedented growth in popularity and usage since its inception. This is owed in large part to Section 230 of the Communications Decency Act. Unlike their print counterparts, internet...more

Davis Wright Tremaine LLP

Senators Propose Substantial Revisions to Section 230's Protections for Online Providers

On February 5, 2021, three Democratic Senators released the SAFE TECH Act, which aims to require online service providers to address fraud, harassment, and the use of social media to organize extremist violence. If passed,...more

Pillsbury - Internet & Social Media Law Blog

Protecting Elections: Regulating Deepfakes in Politics

The 2020 election will be unprecedented in many respects. More people will be voting by mail, and there will likely be more democratic participation online than ever before....more

Mintz - ML Strategies

The Implications of Trump's Executive Order and Section 230 of the Communications Decency Act

Mintz - ML Strategies on

Last week, President Trump signed an Executive Order targeting social media companies and the liability protections afforded to them under Section 230 of the Communications Decency Act (Section 230). The Order directs the...more

Clark Hill PLC

Misinformation Campaigns

Clark Hill PLC on

How do you trust what you’re reading online? This is one of the most significant questions of the modern era. Over the past two decades, the ever-expanding use of the internet, particularly unfiltered and unchecked social...more

Hogan Lovells

Online Harms White Paper: UK Government publishes its consultation response

Hogan Lovells on

The UK Government Department for Culture, Media and Sports (DCMS) has today published its initial response to the public consultation on the Online Harms White Paper, published in April 2019....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

Hogan Lovells

TV regulation in a digital age

Hogan Lovells on

Hogan Lovells and leading TMT consultancy Analysys Mason launched a white paper yesterday which argues for retaining a ‘three layer approach’ to video regulation in the face of ongoing changes to how video content is consumed...more

Fenwick & West LLP

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

Fenwick & West LLP on

In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Butler Snow LLP

2017 Year in Review of Internet Companies’ Protection from Liability for Users’ Sexual Trafficking Content: The Courts Gave but...

Butler Snow LLP on

At the beginning of this year, internet companies found strengthened protection from liability for users’ sexual trafficking content thanks to the U.S. Supreme Court’s decision not to review a key First Circuit decision...more

Buchalter

Maintain immunity under the Communications Decency Act [MCLE]

Buchalter on

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal...more

Morrison & Foerster LLP - Social Media

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

With over one billion websites on the Internet, and 211 million items of online content created every minute, it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are...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

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

Pillsbury - Internet & Social Media Law Blog

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

Gray Reed

Website Operator Not Liable for UGC; Also, Sun Rises in the East

Gray Reed on

Last month, the Sixth Circuit ruled that website operators are not liable for content provided by others (User Generated Content or UGC) because of Section 230 immunity under the Communications Decency Act in the Jones v....more

Davis Wright Tremaine LLP

UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform...

In a unanimous ruling issued on Thursday, Feb. 14, 2013, the England and Wales Court of Appeal held that Google may be deemed a “publisher” of (and held liable for) defamatory user-generated content appearing in blogs hosted...more

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