News & Analysis as of

Internet Communications Decency Act

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

Buckingham, Doolittle & Burroughs, LLC

What is Section 230?

The Internet makes it easier than ever to connect with people around the world, share ideas and information, and have their voices heard regardless of whether they are a single individual with limited resources or a massive...more

Venable LLP

AI Deepfake Bill: Senators Contemplate the First Federal Right of Publicity

Venable LLP on

On Thursday, October 12, a bipartisan group of senators—Chris Coons (D-Del.), Thom Tillis (R-N.C.), Marsha Blackburn (R-Tenn.), and Amy Klobuchar (D-Minn.)—released a Discussion Draft of the Nurture Originals, Foster Art, and...more

Cozen O'Connor

27 AGs Urge Supreme Court to Limit Tech Companies’ Immunity

Cozen O'Connor on

A bipartisan group of 27 AGs submitted amicus briefing to the U.S. Supreme Court in Gonzalez v. Google LLC, urging a narrow interpretation of Section 230 of the Communications Decency Act, which protects internet companies...more

Farella Braun + Martel LLP

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google, a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...more

Jones Day

JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion

Jones Day on

Jones Day's Alexander Maugeri explains Section 230 of the Communications Decency Act, how it potentially affects content on the internet, and why possible reforms must be balanced with free speech concerns. (Transcription)...more

Fenwick & West LLP

Section 230 and the Future of Content Moderation

Fenwick & West LLP on

The Communications Decency Act of 1996 (CDA) was a landmark law enacted to regulate content on the internet. The purpose of the legislation was to regulate indecent and obscene material online, but it is most relevant today...more

Shutts & Bowen LLP

Changing the Rules of the Internet? The Uncertain Future of Platform and Intermediary Liability

Shutts & Bowen LLP on

The success of the modern internet can, in many ways, be traced to the passing of the watershed law of internet regulation that provides immunity from civil lawsuits for platforms or other internet intermediaries that publish...more

Pillsbury - Internet & Social Media Law Blog

The Misinformation of Capitol Hill: Section 230 and the Weaponization of Social Media

Social media has experienced an unprecedented growth in popularity and usage since its inception. This is owed in large part to Section 230 of the Communications Decency Act. Unlike their print counterparts, internet...more

Morrison & Foerster LLP - Social Media

Social Links: Internet Law Under Biden; New Tech-Laws Around The World; The UK’s Endorsement Guides

Experts anticipate that the incoming Biden administration will be tough on tech. What does that mean for the future of §230 of the Communications Decency Act? The antitrust suit against Google? China’s involvement in personal...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

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

Mintz - ML Strategies

The Implications of Trump's Executive Order and Section 230 of the Communications Decency Act

Mintz - ML Strategies on

Last week, President Trump signed an Executive Order targeting social media companies and the liability protections afforded to them under Section 230 of the Communications Decency Act (Section 230). The Order directs the...more

Gray Reed

Amazon Packages Bursting into Open Fires, Jack Frost Nipping at Your Nose…

Gray Reed on

On December 26, Marty and Dave McFly were playing video games when, downstairs in the living room, the hoverboard that Marty had received for Christmas ignited. The fire quickly engulfed the Christmas tree and spread...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

Morrison & Foerster LLP - Social Media

CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms

A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims. ...more

Morrison & Foerster LLP - Social Media

Legislators Propose Narrowing § 230’s Protections

As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law...more

Morrison & Foerster LLP - Social Media

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us...more

Foster Garvey PC

Short-Term Rental Update: HomeAway and Airbnb lose the battle against Santa Monica; Blueground gains traction

Foster Garvey PC on

HomeAway and Airbnb Lose the Battle Against Santa Monica - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories on Mar 13, 2019) On March 13, the Ninth Circuit ruled against HomeAway and...more

K&L Gates LLP

Digital Crisis PR: Dealing with Negative Online Reviews

K&L Gates LLP on

Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

K&L Gates LLP on

Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...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

Orrick - Trade Secrets Group

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Ballard Spahr LLP

Communications Decency Act in Flux on the Hill, Remains Solid in Court

Ballard Spahr LLP on

As Congress considers repealing a certain type of statutory immunity for web hosts, a federal appeals court handed Google a victory under the same law. The timing of these events may portend an uncertain future of the...more

Morrison & Foerster LLP - Social Media

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the...

Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court...more

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