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Website Owner Liability User-Generated Content

Morrison & Foerster LLP - Social Media

Part 2(B) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Akin Gump Strauss Hauer & Feld LLP

California Enacts Broad New Social Media Legislation on Content Moderation Practices

Key Points - This September, California Gov. Gavin Newsom signed AB 587 into law, establishing new transparency requirements for social media companies. The new requirements include publicly posting and submitting to the...more

Hogan Lovells

The ‘Anti-Trolling’ Bill: reassurance for social media page owners

Hogan Lovells on

The Federal Government has introduced the new Social Media (Anti-Trolling) Bill 2022 (Bill) which shifts publication liability from social media page owners to social media service providers (such as Facebook, Instagram and...more

Hogan Lovells

UK government publishes updated Online Safety Bill

Hogan Lovells on

On 17 March 2022, the UK Government introduced the Online Safety Bill to Parliament. The Online Safety Bill will regulate providers of: services which host user-generated content online; services which facilitate online...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

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

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

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

Womble Bond Dickinson

The Churl Nextdoor

Womble Bond Dickinson on

What gets us into trouble is not what we don’t know. It’s what we know for sure that just ain’t so. (Attributed (probably wrongly) to Mark Twain) - A funny thing happened to me on the way to this blog: I learned that what...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

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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 12, December 2020

Loeffler, Cotton Release Bill to Hold Tech Companies Accountable for Child Exploitation, Allow Victims to Sue - "It would amend the US code to strip Section 230 protections from tech companies." Why this is important:...more

Proskauer - New Media & Technology

CDA “Reform” on the Horizon: Investors and Operators Take Note

The appetite for acquisitions and investment in online businesses has never been stronger, with many of the most attractive online opportunities being businesses that host, manage and leverage user-generated content. These...more

Mintz - ML Strategies

Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

Mintz - ML Strategies on

On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more

Ballard Spahr LLP

Weakened Privacy and Information Security Tools—the Unintended Consequence of Attacks on Section 230 of the CDA

Ballard Spahr LLP on

Assaults on Section 230 of the Communications Decency Act (the “CDA”)—which shields online platforms from civil liability for third party content on their services—are abundant these days. On October 15, 2020, FCC Chairman...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Third Party Content

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Jaburg Wilk

How Amazon’s Liability for Third Party Products Will Harm Amazon Sellers

Jaburg Wilk on

In late 2019, the U.S. Court of Appeals for the Third Circuit held Amazon liable as the seller of a third-party's dog collar that broke causing the retractable leash to recoil, hitting and blinding the purchaser in one eye....more

Proskauer - New Media & Technology

Repeal of CDA Section 230?

In an interview with the editorial board of the New York Times, published today, former Vice President Joe Biden advocated for repeal of Section 230 of the Communications Decency Act (CDA). As readers of this blog may know,...more

Fenwick & West LLP

FTC, YouTube, and Kids’ Privacy: Key Takeaways from the Biggest COPPA Settlement in FTC History

Fenwick & West LLP on

On September 4, 2019, the U.S. Federal Trade Commission announced Google and YouTube will pay a record $170 million as part of a settlement over allegations that YouTube violated the Children’s Online Privacy Protection Act...more

Proskauer - New Media & Technology

Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and...

In the swirl of scrutiny surrounding the big Silicon Valley tech companies and with some in Congress declaiming that Section 230 of the Communications Decency Act (CDA) should be curtailed, 2019 has quietly been an important...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

Proskauer - New Media & Technology

Locksmiths Locked Out: Court Affirms Immunity for Use of Tools That Portray Third-Party Content Pictorially or as an Aggregate...

In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third party content. The beat goes...more

Proskauer - New Media & Technology

Filtering Actions by Anti-Malware Software Provider Protected by CDA “Good Samaritan” Immunity

Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr...more

Davis Wright Tremaine LLP

Grindr and Armslist Cases Reaffirm Core Protections for User-Generated Content

Sometimes, bad facts don’t make bad law. Two recent decisions confirm that a federal immunity protects websites from claims that they allowed their users to post content that ultimately caused injury or even death. ...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

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