News & Analysis as of

Communications Decency Act Sex Trafficking

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

Saiber LLC

The Supreme Court Declines Another Opportunity to Consider Section 230

Saiber LLC on

​​​​​​​Just twelve days after Supreme Court of the United States issued a per curiam decision in Gonzalez v. Google LLC, in which the Court declined to address the application of §230 of the Communications Decency Act, 47...more

Weintraub Tobin

The Interplay Between Section 230 Immunity and The Allow States and Victims to Fight Online Sex Trafficking Act of 2018

Weintraub Tobin on

The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil...more

Morrison & Foerster LLP

Ninth Circuit Interprets FOSTA Restriction on Section 230 Narrowly

Morrison & Foerster LLP on

On October 24, the Ninth Circuit ruled that Section 230 of the Communications Decency Act shielded Reddit Inc. from liability under the Trafficking Victims Protection Reauthorization Act (TVPA).The court considered the text...more

Robins Kaplan LLP

The Robins Kaplan Privacy Pulse - Court Decisions Question Internet Companies' Liability Shield

Robins Kaplan LLP on

A pair of recent rulings—one in the U.S. and another in Australia—hint at a future in which internet companies may not enjoy the immunity they currently hold for content created by others that appears on their sites....more

Womble Bond Dickinson

Will NeuralHash Make a Hash of Privacy?

Womble Bond Dickinson on

Our personal technology is so complex that making a change in one aspect is likely to affect us in many ways. When tech companies step into social issues, we are likely to see unintended consequences....more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 6, September 2020

TikTok Will Partner with Oracle in the United States After Microsoft Loses Bid - "TikTok and Oracle will become business partners in the United States — a deal meant to satisfy the Trump administration's national security...more

Ballard Spahr LLP

New Trade Agreement Extends CDA Section 230 Immunity Abroad

Ballard Spahr LLP on

Good news for internet hosts: NAFTA's replacement, the United States-Mexico-Canada Agreement (USMCA), will extend the immunity Congress provided with Section 230 of the Communications Decency Act of 1996 (CDA) into...more

Jackson Walker

First Amendment Watchdogs Warily Regard Passage of FOSTA

Jackson Walker on

In March, the Senate almost unanimously passed the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). On April 11, President Trump signed FOSTA into law. As the name implies, Congress’ goal is to give law...more

WilmerHale

Congress Enacts Law Creating a Sex Trafficking Exception From the Immunity Provided by Section 230 of the Communications Decency...

WilmerHale on

On Wednesday, April 11, the President signed into law the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, also known as “FOSTA.” FOSTA aims to address congressional concerns that certain online service...more

Proskauer - New Media & Technology

FOSTA Signed into Law, Amends CDA Section 230 to Allow Enforcement against Online Providers for Knowingly Facilitating Sex...

Today, the President signed H.R. 1865, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (commonly known as “FOSTA”). The law is intended to limit the immunity provided under Section 230 of the...more

King & Spalding

Senate Approves Online Human Trafficking Bill To Amend Section 230 Of The CDA; President Trump Expected To Sign Bill Into Law

King & Spalding on

On March 21, by a vote of 97 to 2, the Senate approved H.R. 1865, the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). This bipartisan legislation, which makes targeted amendments to Section 230 of the...more

Pillsbury Winthrop Shaw Pittman LLP

Bill Expands Corporate Liability for Human Trafficking to Social Media Companies

By removing immunity for illegal content, the recently passed bill emphasizes the need for anti-human trafficking compliance and online account monitoring. The recently passed bill creates civil liability for social media...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

Foley Hoag LLP - Trademark, Copyright &...

The First Circuit’s “Scungy” Backpage: Copyright And Right Of Publicity Claims Ineffective Against Sex Trafficking

In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties to facilitate...more

Davis Wright Tremaine LLP

First Circuit Affirms Dismissal of Lawsuit Against Backpage.com, Confirms Broad Scope of Section 230 Immunity

The U.S. Court of Appeals for the First Circuit this week delivered a resounding victory for websites dependent on a federal immunity from claims based on content posted by third parties. Broadly interpreting Section 230 of...more

Holland & Knight LLP

First Circuit: CDA Bars Action Claiming Websites Facilitated Sex Trafficking - Communications Decency Act Immunizes Websites for...

Holland & Knight LLP on

In affirming the dismissal of an action seeking damages under the federal Trafficking Victims Protection Reauthorization Act (TVPRA), the U.S. Court of Appeals for the First Circuit rejected "end run" arguments from the...more

Davis Wright Tremaine LLP

U.S. House Approves Law Targeting Sex Trafficking Ads, Threatens to Undermine Section 230 of the Communications Decency Act

On May 20, 2014, the U.S. House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). If enacted, the bill would expose websites and other media to federal criminal penalties for...more

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