News & Analysis as of

Communications Decency Act

Ballard Spahr LLP

Developments in Online Safety and Data Privacy for Minors

Ballard Spahr LLP on

There have been numerous developments in the online safety and data privacy space for minors in particular over the last few months. Here we cover some notable decisions in the federal courts and cases with nationwide...more

Morgan Lewis

TAKE IT DOWN Act Targets Deepfakes: Are Online Platforms Caught in the Crosshairs?

Morgan Lewis on

The TAKE IT DOWN Act, recently signed into federal law, criminalizes the distribution of nonconsensual intimate imagery and requires covered online platforms to implement a notice-and-removal process by May 19, 2026....more

Proskauer - New Media & Technology

Take it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown...

Law establishes national prohibition against nonconsensual online publication of intimate images of individuals, both authentic and computer-generated. First federal law regulating AI-generated content....more

Bergeson & Campbell, P.C.

DOJ Moves for Voluntary Dismissal of Its Appeal of Decision Finding that Section 230 Offers Immunity to Online Retailers

On April 24, 2025, the U.S. Department of Justice (DOJ) filed an unopposed motion in the U.S. Court of Appeals for the Second Circuit for voluntary dismissal of its appeal of an October 2024 decision finding that eBay is...more

Perkins Coie

Key AI Developments to Watch This Year

Perkins Coie on

As we move further into 2025, the artificial intelligence (AI) landscape continues to evolve at a rapid pace; indeed, nearly every week seems to bring news of another major AI breakthrough. In this post, we highlight the...more

Dorsey & Whitney LLP

Reintroducing the No FAKES Act

Dorsey & Whitney LLP on

A bipartisan Bill aiming to protect individuals from having their voice and visual likeness used without their consent was reintroduced in Congress earlier this month....more

Morrison & Foerster LLP - Social Media

Northern District Applies Section 230 to AI-Assisted Content Moderation

In Ryan v. X Corp., a Northern District of California court held that Section 230 of the Communications Decency Act immunized X (formerly Twitter) against claims arising from suspension of a user’s account, notwithstanding...more

Segal McCambridge

Fifth Circuit Ruling: Section 230 Does Not Shield Salesforce from Sex-Trafficking Claims

Segal McCambridge on

The United States Court of Appeals for the Fifth Circuit recently affirmed a pivotal decision allowing sex-trafficking victims to proceed with their lawsuit against Salesforce, Inc., despite Salesforce’s attempt to invoke...more

Akin Gump Strauss Hauer & Feld LLP

Content Moderation: Reforming FCC’s Section 230

Congress and/or the Federal Communications Commission (FCC) may also look at reforms to Section 230 of the Communications Decency Act. President-elect Donald Trump and Commissioner Brendan Carr have both expressed support for...more

Akin Gump Strauss Hauer & Feld LLP

Post-Election Takeaways for TMT

The 2024 election is over and Republicans are poised in January to take over Washington, D.C.—in the White House, on the Hill, at the Federal Communications Commission (FCC) and at other agencies (the National...more

Proskauer Rose LLP

Three Point Shot - November 2024

Proskauer Rose LLP on

Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

Perkins Coie

What To Expect From the New Trump FCC

Perkins Coie on

With President-elect Donald Trump’s election victory and the Republicans gaining control of both houses of the legislative branch, significant policy shifts at the Federal Communications Commission (FCC) are expected, setting...more

Morrison & Foerster LLP

The Future of Section 230: Protection Against Product Liability Claims?

Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...more

Stark & Stark

Social Media’s Legal Dilemma: Curated Harmful Content

Stark & Stark on

As proliferation of harmful content online has increasingly become easier and more accessible through social media, review websites and other online public forums, businesses and politicians have pushed to reform and limit...more

Segal McCambridge

TikTok, The “Blackout Challenge”, and the New Limits on Section 230 Immunity

Segal McCambridge on

In a recent landmark decision, the U.S. Court of Appeals for the Third Circuit ruled that TikTok could be held liable in a wrongful death suit stemming from the “Blackout Challenge” — a disturbing trend promoted through the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Harmful Products/Section 230 of the Communications Decency Act: U.S. District Judge Dismisses U.S. Department of Justice...

WebProNews reported in an October 1st article that United States District Judge Orelia E. Merchant dismissed a United States Department of Justice (“DOJ”) environmental enforcement action that had been filed against eBay,...more

Cozen O'Connor

New Mexico Snaps at Snapchat for Allegedly Failing to Protect Minors

Cozen O'Connor on

New Mexico AG Raúl Torrez has filed a lawsuit against Snap Inc., accusing Snapchat of facilitating child sexual exploitation and sextortion through its design features and recommendation algorithms, allegedly violating state...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

Fox Rothschild LLP on

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

Pillsbury - Internet & Social Media Law Blog

In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

Perkins Coie

Supreme Court Finds First Amendment Barriers to TX and FL Social Media Regulation

Perkins Coie on

On July 1, 2024, the Supreme Court of the United States ruled in Moody v. NetChoice, LLC that laws regulating large social media platforms passed by Texas and Florida likely offend the First Amendment in at least some...more

Snell & Wilmer

Supreme Court Clarifies First Amendment and Standing Standards Applicable to Social Media Content Moderation Policy Challenges

Snell & Wilmer on

Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...more

Napoli Shkolnik

Controls on Social Media Use are Taking Hold—at School

Napoli Shkolnik on

As the inherent risks of social media use become more broadly understood, pressure is building on government bodies at every level to enact effective regulations. There has been some action at the federal level: both the...more

Benesch

The Potential Applicability of Section 230 of the Communications Decency Act in Search Engines in the AI Age

Benesch on

In the ever-evolving landscape of artificial intelligence (AI), the integration of AI into search engines has marked a significant shift. Recent announcements from major tech events such as Apple’s WWDC 2024 and Google I/O...more

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

Morrison & Foerster LLP - Social Media

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

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