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Internet Service Providers (ISPs) Section 230

Morrison & Foerster LLP - Social Media

Part 3 – Section 230: 27 Years Old And Still In The Spotlight

In the prior two installments 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

Morrison & Foerster LLP - Social Media

Part 2(A) – 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

Miller Nash LLP

Supreme Court Maintains Internet Safe Harbor Provisions … for Now

Miller Nash LLP on

With little comment and reportage, the U. S. Supreme Court decided on May 18 that the “safe harbor” granted to the operators of online platforms precluded claims that an algorithmic process that allowed terrorist recruiting...more

Orrick, Herrington & Sutcliffe LLP

Safety Online Pushing Likely Changes to Section 230

Since its inception in 1996, Section 230 of the Communications Decency Act has protected internet platforms from liability for third-party content posted on the platform.  However, changes to Section 230’s protections are...more

Venable LLP

For the First Time, Supreme Court Considers Section 230 Immunity for Third-Party Content on Internet Platforms Such as Google and...

Venable LLP on

In what could be a seminal case of the Internet age, the U.S. Supreme Court this week heard arguments in Gonzalez v. Google, its first case concerning the hotly debated Section 230 of the Communications Decency Act....more

Weintraub Tobin

GoDaddy Obtains Section 230 Immunity Despite Plaintiffs’ “Sympathetic” Claims

Weintraub Tobin on

Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third...more

Morrison & Foerster LLP

Supreme Court to Address Section 230 for First Time

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On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC, No. 21-1333, to address the scope of Section 230 of the Communications Decency Act....more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

McDermott Will & Emery

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...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

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

Proskauer - New Media & Technology

DOJ Submits CDA Reform Proposal to Congress to Curtail Protections for Online Platforms

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

Morrison & Foerster LLP - Social Media

EDNY Refuses To Dismiss on § 230 Grounds In “Shitty Media Men” Defamation Case

In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

Ballard Spahr LLP on

In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...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

Proskauer - New Media & Technology

No Liability for Self-Publishing Platforms over Author’s Use of Unauthorized Cover Photo

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

Jaburg Wilk

'Zeran v. AOL': The Anti-Circumvention Tool

Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

Butler Snow LLP

For the Time Being, Tech Companies Remain Shielded from Liability for Users’ Uploaded Content

Butler Snow LLP on

Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users’ uploaded content under the Digital Millennium Copyright Act (DMCA) and...more

Akin Gump Strauss Hauer & Feld LLP

Personal and Corporate Reputation: Five Lessons from 2016

On November 19, 2014, Sabrina Erdely’s Rolling Stone article “A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA” went viral. The article depicted the violent gang rape of a University of Virginia student...more

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