News & Analysis as of

Section 230

Dorsey & Whitney LLP

Reintroducing the No FAKES Act

Dorsey & Whitney LLP on

A bipartisan Bill aiming to protect individuals from having their voice and visual likeness used without their consent was reintroduced in Congress earlier this month....more

Davis Wright Tremaine LLP

New Administration Outlook: What's Next for the FCC After Trump's Executive Orders on Independent Agencies and Eliminating...

Asserting Executive Authority Over Independent Agencies: Assessing the Impact on the FCC - On February 18, President Trump issued an Executive Order entitled "Ensuring Accountability for All Agencies" (the "Accountability...more

Morrison & Foerster LLP - Social Media

Section 230 Survives the Grindr (Again)

Social media safety is very much in the news these days, with policymakers unleashing a torrent of legislation to protect children online, such as age verification measures, parental consent mandates, data privacy...more

McCarter & English, LLP

Federal Trade Commission Launches an Inquiry into Censorship by Big Tech Platforms

On February 20, 2025, the Federal Trade Commission (FTC) initiated a public inquiry regarding whether any technology platforms, including social media, communications, and other internet service providers, have violated the...more

Morrison & Foerster LLP - Social Media

Social Links: Courtside Seats

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit upheld the dismissal of a case that sought to hold Facebook parent company Meta liable for the 2015 mass shooting at Emanuel African Methodist Episcopal...more

Wiley Rein LLP

FTC Seeks Comment on Tech Content Moderation Policies

Wiley Rein LLP on

Federal Trade Commission (FTC) staff announced a Request for Information (RFI) on February 20 seeking public comments on “how consumers may have been harmed by technology platforms that limited their ability to share ideas or...more

Akin Gump Strauss Hauer & Feld LLP

President Trump’s Freedom of Speech Order Takes Aim at Social Media, Broadcasters

President Donald Trump’s Executive Order titled, “Restoring Freedom of Speech and Ending Federal Censorship” is the Administration’s first step to pursue the President’s content moderation goals for social media and broadcast...more

Morrison & Foerster LLP - Social Media

Northern District Applies Section 230 to AI-Assisted Content Moderation

In Ryan v. X Corp., a Northern District of California court held that Section 230 of the Communications Decency Act immunized X (formerly Twitter) against claims arising from suspension of a user’s account, notwithstanding...more

Segal McCambridge

Fifth Circuit Ruling: Section 230 Does Not Shield Salesforce from Sex-Trafficking Claims

Segal McCambridge on

The United States Court of Appeals for the Fifth Circuit recently affirmed a pivotal decision allowing sex-trafficking victims to proceed with their lawsuit against Salesforce, Inc., despite Salesforce’s attempt to invoke...more

Morrison & Foerster LLP - Social Media

2024 Recap: Ten Lords A-Leaping!

As the world’s premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITOR’S NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to...more

Morrison & Foerster LLP

The Future of Section 230: Protection Against Product Liability Claims?

Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...more

Stark & Stark

Social Media’s Legal Dilemma: Curated Harmful Content

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As proliferation of harmful content online has increasingly become easier and more accessible through social media, review websites and other online public forums, businesses and politicians have pushed to reform and limit...more

Segal McCambridge

TikTok, The “Blackout Challenge”, and the New Limits on Section 230 Immunity

Segal McCambridge on

In a recent landmark decision, the U.S. Court of Appeals for the Third Circuit ruled that TikTok could be held liable in a wrongful death suit stemming from the “Blackout Challenge” — a disturbing trend promoted through the...more

Morrison & Foerster LLP - Social Media

Social Links: August 2024

Social media giant TikTok has been sued by the United States for allegedly collecting data on children under thirteen illegally. The suit claims the app, which is owned by China-based parent company ByteDance, allowed...more

Morrison & Foerster LLP - Social Media

Social Links: July 2024

In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

Fox Rothschild LLP on

Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

Benesch

The Potential Applicability of Section 230 of the Communications Decency Act in Search Engines in the AI Age

Benesch on

In the ever-evolving landscape of artificial intelligence (AI), the integration of AI into search engines has marked a significant shift. Recent announcements from major tech events such as Apple’s WWDC 2024 and Google I/O...more

Morrison & Foerster LLP - Social Media

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

Farella Braun + Martel LLP

No Section 230 Defense Attempt by Trump in Connection With Gag Order Violations?

It might not have been successful, but query why Trump didn't argue Section 230 shields him from liability for reposts under Section 230? It is settled law that Section 230, which is often thought to only shield...more

Cozen O'Connor

The State AG Report – 4.25.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican and Democratic AGs Square Up for Emissions...more

Cozen O'Connor

Bipartisan AGs Argue Section 230 Immunity for Online Platforms is Untenable “Engine of Human Misery”

Cozen O'Connor on

A coalition of 20 Republican and three Democratic AGs submitted an amicus brief to the U.S. Supreme Court in the case Doe v. Snap, Inc., No. 23-961, urging the Court to grant petitioner’s writ of certiorari and reverse the...more

BakerHostetler

FTC Case Against VoIP Provider Collides with Section 230 of the Communications Decency Act

BakerHostetler on

Back in February 2023, the FTC announced a federal complaint against a voice over Internet protocol (VoIP) provider that it alleged had delivered tens of millions of debt service calls to consumers nationwide. The FTC also...more

Troutman Pepper Locke

Ringless Voicemail Service Provider Protected by Strong Ruling on Section 230 Immunity

Troutman Pepper Locke on

In a case that could have broad implications for telecommunications platforms, telemarketing, and privacy law, Stratics Networks Inc. (Stratics), an interactive communications software corporation offering ringless voicemail...more

Morrison & Foerster LLP - Social Media

Social Links: April 2024

As we reported in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media. In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted...more

BakerHostetler

The Latest Public FTC Meeting: A Telemarketing Recap and Supply Chain Issues

BakerHostetler on

The latest public Federal Trade Commission (FTC) meeting focused on two issues – the recent announcement of revisions to the Telemarketing Sales Rule (TSR or Rule) and a discussion of an agency report on supply chain issues...more

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