Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act (“CDA”) case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming...more
7/27/2021
/ Communications Decency Act ,
Discrimination ,
Good Samaritans ,
Harassment ,
Immunity ,
Online Platforms ,
Online Videos ,
Section 230 ,
Statutory Interpretation ,
Terms of Service ,
Vimeo
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
On May 14, 2021, President Biden issued an executive order revoking, among other things, his predecessor’s action (Executive Order 13295 of May 28, 2020) that directed the executive branch to clarify certain provisions under...more
Happy Silver Anniversary to Section 230 of Communications Decency Act (“CDA” or “Section 230”), which was signed into law by President Bill Clinton in February 1996. At that time, Congress enacted CDA Section 230 in response...more
3/18/2021
/ Communications Decency Act ,
Google ,
Illegal Gambling ,
Immunity ,
Loot Boxes ,
Mobile Apps ,
Section 230 ,
Social Media ,
State Law Claims ,
User-Generated Content ,
Video Games ,
Virtual Currency
With the change in administrations in Washington, there has been a drive to enact or amend legislation in a variety of areas. However, most initiatives lack the zeal found with the bipartisan interest in “reining in social...more
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
11/3/2020
/ Communications Decency Act ,
Congressional Review Act ,
FCC ,
Immunity ,
Investors ,
Online Platforms ,
Rulemaking Process ,
Section 230 ,
Social Media ,
User-Generated Content ,
Website Owner Liability
Section 230 of the Communications Decency Act, 47 U.S.C. §230 (“Section 230” or the “CDA”), enacted in 1996, is generally viewed as the most important statute supporting the growth of Internet commerce. The key provision of...more
The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform.
On July 27, 2020, the Commerce Department submitted a...more
8/3/2020
/ Communications Decency Act ,
Constitutional Challenges ,
Executive Orders ,
FCC ,
Immunity ,
Legislative Agendas ,
Rulemaking Process ,
Section 230 ,
Social Media ,
Trump Administration ,
U.S. Commerce Department
Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to...more
6/22/2020
/ #MeToo ,
Communications Decency Act ,
Congressional Intent ,
Defamation ,
Department of Justice (DOJ) ,
DMCA ,
E-Commerce ,
Enforcement Actions ,
Executive Orders ,
First Amendment ,
Hate Speech ,
Revenge Porn ,
Section 230
President Trump signed an Executive Order today attempting to curtail legal protections under Section 230 of the Communications Decency Act (“Section 230” or the “CDA”). The Executive Order strives to clarify that Section 230...more
UPDATE: On the afternoon of May 28, 2020, the President signed the executive order concerning CDA Section 230. A copy/link to the order has not yet been posted on the White House’s website.
According to news reports,...more
Despite continued scrutiny over the legal immunity online providers enjoy under Section 230 of the Communications Decency Act (CDA), online platforms continue to successfully invoke its protections. This is illustrated by...more
The most typical case that implicates Section 230 of the Communications Decency Act (CDA) involves a provider that hosts content and a third party plaintiff seeking to have content removed. Last month, in a less typical case,...more
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
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
8/29/2019
/ Automated Systems ,
Communications Decency Act ,
Dismissals ,
Illegal Drugs ,
Immunity ,
Narcotics ,
Section 230 ,
Third-Party ,
User-Generated Content ,
Website Owner Liability ,
Websites
In early July, an appeals court ruled that Amazon should be considered a “seller” of goods under Pennsylvania products liability law and subject to strict liability for consumer injuries caused by the defective goods sold on...more
In recent years, there have been a number of suits filed in federal courts seeking to hold social media platforms responsible for providing material support to terrorists by allowing members of such groups to use social media...more
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
6/24/2019
/ Communications Decency Act ,
Data Collection ,
Dismissals ,
Immunity ,
Section 230 ,
Third-Party ,
Tortious Interference ,
Unfair Competition ,
User-Generated Content ,
Website Owner Liability ,
Websites
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
5/29/2019
/ Communications Decency Act ,
Dismissals ,
Good Samaritans ,
Immunity ,
Section 230 ,
Third-Party ,
Third-Party Service Provider ,
User-Generated Content ,
Website Owner Liability ,
Websites ,
WI Supreme Court
In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take...more
8/1/2018
/ CA Supreme Court ,
Communications Decency Act ,
Defamation ,
Due Process ,
First Amendment ,
Online Platforms ,
Online Reviews ,
Publishers ,
Section 230 ,
Statutory Immunity ,
Yelp
Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a...more
In a brief, unpublished opinion, the Sixth Circuit affirmed the dismissal of right of publicity and privacy claims against a host of self-publishing platforms and service providers for distributing an erotic (and purported...more
Following the reasoning of several past decisions, a California district court dismissed claims against Google under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333, for allegedly providing “material support” to ISIS by...more
In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more
11/10/2017
/ Canada ,
Comity ,
Communications Decency Act ,
Delisting ,
E-Commerce ,
EU ,
First Amendment ,
Free Speech ,
Google ,
Injunctive Relief ,
Preliminary Injunctions ,
Right to Be Forgotten ,
Section 230 ,
Supreme Court of Canada ,
Website Owner Liability ,
Websites
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
10/25/2017
/ Attorney's Fees ,
Browsewrap Agreement ,
Communications Decency Act ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Defamation ,
Novell ,
Section 230 ,
Terms of Use ,
The Copyright Act ,
Third-Party Service Provider ,
User-Generated Content ,
Websites