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Tag Archives: CDA immunity

Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and Notification Tools Do Not Make Social Site the Developer of User Posts

In the swirl of scrutiny surrounding the big Silicon Valley tech companies and with some in Congress declaiming that Section 230 of the Communications Decency Act (CDA) should be curtailed, 2019 has quietly been an important year for CDA jurisprudence with a number of opinions enunciating robust immunity under CDA Section 230. In particular, there … Continue Reading

Locksmiths Locked Out: Court Affirms Immunity for Use of Tools That Portray Third-Party Content Pictorially or as an Aggregate Metric

In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third party content. The beat goes on, as in late May, a Utah district court ruled that the Tor Browser, which allows for anonymous communications … Continue Reading

Filtering Actions by Anti-Malware Software Provider Protected by CDA “Good Samaritan” Immunity

Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr LLC, No. 18-396 (2d Cir. Mar. 27, 2019) (summary order), the Wisconsin Supreme Court’s opinion in Daniel v. Armslist, LLC, No. 2017AP344, 2019 … Continue Reading

Defend Trade Secrets Act Claims Subject to CDA Section 230 Immunity

In what is one of the most recent attempts to circumvent the immunity provided in Section 230 of the Communications Decency Act (“CDA” or “CDA Section 230”), the United States District Court for the District of Massachusetts made it clear that claims brought under the Defend Trade Secrets Act (18 U.S.C. §§ 1836, et seq.) … Continue Reading

In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online Platform to Remove Defamatory Content

UPDATE: On January 22, 2019, the Supreme Court denied review of the California Supreme Court decision. In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take down certain consumer … Continue Reading

YouTube Protected by CDA Immunity over Claims That It Provided Material Support to Terrorists

UPDATE:  In a subsequent opinion, the court dismissed the plaintiffs’ third amended complaint. (See Gonzalez v. Google, Inc., 335 F.Supp.3d 1156 (N.D. Cal. 2018)). Following the reasoning of several past decisions, a California district court dismissed claims against Google under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333, for allegedly providing “material support” to ISIS by allowing … Continue Reading

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website “Browsewrap” License to User Generated Content

The controversial consumer gripe site, RipoffReport.com, is at it again.  The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications Decency Act, 47 U.S.C. §230(c)(1) (the “CDA” or “Section 230”) for defamation-related claims based on certain user posts on its site. (Small Justice LLC … Continue Reading

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

UPDATE: In late October 2016, the parties notified the court that they were in discussions to settle the matter and would jointly stipulate to a dismissal of the action without prejudice.  On November 2nd, the court dismissed the action. Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of … Continue Reading

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s decision to allow a suit to proceed against classified service Backpage.com surrounding the sexual assault of several minors by adult customers … Continue Reading

Website Marketing Statements: The Achilles’Heel to CDA Protection?

It’s no secret that local directory/consumer review websites are popular among consumers looking for recommendations before dining out, hiring a contractor, or even picking a dentist or day spa. Yelp reported around 138 million monthly unique visitors in the second quarter of 2014, searching among over 61 million local reviews.  The bottom line is that … Continue Reading

Sixth Circuit Reinforces CDA Immunity – Reverses Lower Court in Jones v. Dirty World

On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site, TheDirty.com, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230.   The appeals court ruled that even though the gossip site selected and edited user-generated posts for posting and added non-defamatory, albeit … Continue Reading
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