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New Developments in the World of Section 230
PATIENT PRIVACY IN AN ERA OF SOCIAL MEDIA
Are websites legally responsible for content posted by their users?
Stealth Lawyer: Zach Abramowitz, 'Blogcaster'
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
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
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
The rise of artificial intelligence (“AI”) poses novel questions about whether internet technology companies will face liability for misinformation on their platforms. Internet companies have long been shielded from liability...more
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
In the space of a three-page per curiam opinion, Gonzalez v. Google went from blockbuster to nothingburger. The first (and, therefore, the biggest) Section 230 case to be considered on the merits by the U.S. Supreme Court,...more
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
Section 230 of the Communications Decency Act, 47 U.S.C. §230(c)(1) (hereafter “§230”), protects internet services, like Facebook, Twitter, and the like, from liability based on words used by third parties who use their...more
Key Points - This September, California Gov. Gavin Newsom signed AB 587 into law, establishing new transparency requirements for social media companies. The new requirements include publicly posting and submitting to the...more
The June 10, 2020 and July 22, 2019 posts on Trending Law Blogs discussed, among other things, how Section 230 of the Communications Decency Act, 47 U.S.C. §230 (c)(1) (hereafter “§230”), has come under attack by politicians...more
Online platforms that allow users to post content face a constant choice: to remove or to not remove, to police or not to police. Shakespearean allusions aside, platforms generally want user engagement — to reach as many...more
In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform....more
Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the...more
What gets us into trouble is not what we don’t know. It’s what we know for sure that just ain’t so. (Attributed (probably wrongly) to Mark Twain) - A funny thing happened to me on the way to this blog: I learned that what...more
Section 230 of the Communications Decency Act (CDA) is once again at the center of a major political debate, with momentum building for an overhaul of the statute that many view as having served a critical role in the rise of...more
While we are still in the infancy of the Biden Administration, it is clear that bipartisan desire to amend Section 230 of the Communications Decency Act (“Section 230”) remains active. On February 8, 2021, Sen. Mark Warner...more
Happy Silver Anniversary to Section 230 of Communications Decency Act (“CDA” or “Section 230”), which was signed into law by President Bill Clinton in February 1996. At that time, Congress enacted CDA Section 230 in response...more
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
On February 5, 2021, three Democratic Senators released the SAFE TECH Act, which aims to require online service providers to address fraud, harassment, and the use of social media to organize extremist violence. If passed,...more
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
Loeffler, Cotton Release Bill to Hold Tech Companies Accountable for Child Exploitation, Allow Victims to Sue - "It would amend the US code to strip Section 230 protections from tech companies." Why this is important:...more
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
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
On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more