An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to… Continue Reading
Tag Archives: CDA Section 230
Service Provider’s Intent in Removing Positive Reviews Irrelevant in Assessing Availability of CDA Section 230 Protection
Posted in Online ContentA lawsuit against consumer review site Yelp! has yielded an opinion that demonstrates the breadth of the protection afforded interactive service providers under Section 230 of the Communications Decency Act. In Levitt v. Yelp! Inc., 2011 U.S. Dist. LEXIS 124082 (N.D. Cal. Oct. 26, 2011), a group of putative class action plaintiffs filed an action… Continue Reading
New York High Court Splits on Applicability of Communications Decency Act Section 230 to Online Forum Operator
Posted in Online ContentA divided New York Court of Appeals ruled on June 14, 2011, that an online forum administrator’s additions to an allegedly defamatory post by a user are protected by Section 230 of the Communications Decency Act. Shiamili v. The Real Estate Group of New York, Inc., No. 105, (N.Y. June 14, 2011). This is the… Continue Reading
Advertiser Protection under CDA Section 230 for User-Generated Online Contest Submissions Will Go to Jury
Posted in Online ContentA hard-fought battle between two sandwich franchises has yielded an opinion dealing with the application of Section 230 of the Communications Decency Act to videos submitted as part of an online contest. The result is an unusual ruling that sends to a jury the issue of whether the advertiser that sponsored the contest was an… Continue Reading
Federal Rule Bars Post-Judgment Injunctive Relief against Web Site for Third-Party Defamatory Posts
Posted in Online ContentWe have previously described as "robust," the protection afforded interactive service providers from liability for defamatory contents posted by third parties by Section 230 of the Communications Decency Act. But in Blockowitz v. Williams, 1:09-cv-03955 (N.D. Ill. Dec. 21, 2009), involving post-judgment efforts to have defamatory postings removed from a consumer complaint Web site , … Continue Reading
Barnes v. Yahoo! Opinion on Remand a Caution to Web Site Operators: Don’t Let Employees Make Promises That They Can’t Keep
Posted in Online ContentTo the great frustration of plaintiffs and their attorneys, and even some judges, courts have construed Section 230 of the Communications Decency Act in such a way as to make it virtually impossible to hold a Web site operator liable for defamatory material that is posted on the site by a third party, even if… Continue Reading
CDA Section 230: The Law That Judges Love to Hate Takes a Hit
Posted in Online ContentUPDATE: The Ninth Circuit issued an amended opinion on June 22, 2009, see discussion below. The amended opinion included an order denying the parties’ petitions for rehearing and rehearing en banc. Many attempts have been made to plead around the immunity provided to interactive computer services under Section 230 of the Communications Decency Act, and… Continue Reading
Xcentric Ventures (a/k/a/ “the Ripoff Report”) Seeks Ninth Circuit Ruling on Standard for Unmasking Anonymous Posters
Posted in Online ContentThe "Ripoff Report" consumer complaint Web site is well known to those who follow rulings involving the application of Section 230 of the Communications Decency Act, including some who self-identity as "Section 230 junkies." Xcentric Ventures, the operator of the Ripoff Report, and its founder Ed Magedson have been serial defendants in defamation cases brought… Continue Reading