News & Analysis as of

Communications Decency Act The United States Federal Communications Commission

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

Morgan Lewis

Could a Federal Law Be on the Horizon?

Morgan Lewis on

Despite the business community’s interest in an all-encompassing federal data privacy law, such a development remains elusive. US legislators have periodically introduced bills that would establish a federal data privacy law,...more

Troutman Pepper

More Privacy, Please - September 2021

Troutman Pepper on

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more

Proskauer - New Media & Technology

The President Revokes Prior Administration’s Executive Order on CDA Section 230

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

Mintz - Privacy & Cybersecurity Viewpoints

Action Items on Technology and Communication Policies in front of the Senate Commerce Committee

With the Senate set to flip to Democratic control in the 117th Congress, albeit by a razor thin margin, the policy priorities for the upper chamber are likely to significantly change. In so doing, the various Senate...more

Fox Rothschild LLP

Stories To Watch In 2021

Fox Rothschild LLP on

Happy New Year to all. To kick off 2021, I’ve provided quick takes below on some of the bigger stories we’ll be watching- WME v. WGA- Just before Christmas, CAA closed a deal with the Writers Guild regarding phasing...more

Perkins Coie

What to Expect From the Biden FCC

Perkins Coie on

What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden? While we don’t have a crystal ball, we know that the president-elect has pledged to “build back better,”...more

Pillsbury Winthrop Shaw Pittman LLP

Trump vs. Biden: Technology and the Internet

In this election cycle, technology and internet policy is a persistent factor across multiple issue areas. With implications for national security, economic equality, infrastructure and market regulation, the next...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

Jackson Walker

US Supreme Court Grabs Attention of Tech Giants as Past Immunity Granted by Section 230 Is Called Into Question

Jackson Walker on

While this was a big week for the United States Supreme Court with the confirmation of Associate Justice Amy Coney Barrett, Justice Clarence Thomas’ written statement following the Court’s October 12, 2020, decision in...more

Morgan Lewis - Tech & Sourcing

Everyone Is Still Talking About Section 230 of the Communications Decency Act

In a recent post, we addressed the US Department of Justice’s recent recommendations to reform Section 230 of the Communications Decency Act (CDA) to provide incentives for online platforms to address illicit material on...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

Morrison & Foerster LLP - Social Media

Turkey’s New Social Media Law; Social Media Ad Spend; Harvard Law School’s Social Media Policy

In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally...more

Cooley LLP

Alert: NTIA Section 230 Petition Raises Significant Legal and Policy Issues at FCC

Cooley LLP on

The rules proposed by the US Department of Commerce’s National Telecommunications and Information Administration in its recent petition for rulemaking asking the Federal Communications Commission to interpret Section 230 of...more

Proskauer - New Media & Technology

Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230

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

McGuireWoods Consulting

Emerging Technologies Washington Update - July 2019 #5

This week: A tech-focused week in review, big tech testifies at House Antitrust hearing, Senate Commerce holds a hearing on the PACT Act as calls for Section 230 reform grow....more

Cooley LLP

Alert: NTIA Asks FCC to Broaden Internet Platforms’ Liability for Third-Party Content and Moderation Efforts

Cooley LLP on

In a petition for rulemaking filed on July 27, the US Department of Commerce’s National Telecommunications and Information Administration has asked the Federal Communications Commission to adopt new rules interpreting Section...more

Brooks Pierce

Social Media and Politics: What President Trump’s Recent Executive Order Means

Brooks Pierce on

Since 1996, Section 230 of the Communications Decency Act has provided critical protection from most liability for content posted by third parties to websites and other “interactive computer services.” This protection has...more

ArentFox Schiff

What Trump’s Executive Order Could Do to Social Media Provider Immunity

ArentFox Schiff on

Section 230(c) of the Communications Decency Act, which has been around for more than 20 years, gives online platform providers and others protection from claims that information posted on their sites by third parties...more

Proskauer - New Media & Technology

President Signs Executive Order Directing Agencies to Probe the Contours of CDA Immunity

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

McGuireWoods Consulting

Emerging Technologies Washington Update - January 2020 #3

This Week: Spotlight on technology at World Economic Forum, new government report highlights opportunities and challenges for AI in healthcare, 2020 candidates take aim at Section 230, Senate Committee examines 5G workforce,...more

Jones Day

Net Neutrality Proposals for Tech Platforms Raise First Amendment Concerns

Jones Day on

The Issue: Tech platforms face a hostile environment in Washington, with bipartisan consensus building behind proposals for additional regulation. The Situation: Regulating how tech companies transmit online content is the...more

McGuireWoods Consulting

Emerging Technologies Washington Update - August 2019 #1

This Week: Gosar introduces bill to reform Section 230, Senate EPW Committee advances surface transportation reauthorization with AV amendment as NHTSA extends comment deadline for AV ANPRM, President Trump threatens...more

Manatt, Phelps & Phillips, LLP

Communications Decency Act Does Not Bar TCPA Claims Against Providers of Telemarketing Services

A Wisconsin federal court has held, in Cunningham v. Montes, that the Communications Decency Act (CDA) does not preclude claims asserted against providers of telemarketing services under the Telephone Consumer Protection Act...more

McGuireWoods Consulting

Emerging Technologies Washington Update - June 2019 #3

This Week: Senate Commerce Subcommittee convenes drone security hearing, Hawley introduces plan to amend Section 230, Senate Commerce Committee discusses surface transportation reauthorization, USTR holds hearings on proposed...more

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