News & Analysis as of

Section 230 Liability Communications Decency Act

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

Stark & Stark on

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

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 2(A) – Section 230: 27 Years Old And Still In The Spotlight

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

Zuckerman Spaeder LLP

Defamatory Bots and Section 230: Navigating Liability in the Age of Artificial Intelligence

Zuckerman Spaeder LLP on

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

Ballard Spahr LLP

Fourth Circuit Rules Communications Decency Act Did Not Protect Data Aggregator From FCRA Liability

Ballard Spahr LLP on

The Fourth Circuit Court of Appeals in Henderson v. Source For Pub. Data, L.P., No. 21-1678, 2022 U.S. App. LEXIS 30534 (4th Cir. Nov. 3, 2022) found that the protections of Section 230 of the Communications Decency Act did...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

Wiley Rein LLP

Three Ways the SAFE TECH Act Would Amend Section 230

Wiley Rein LLP on

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

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

Faegre Drinker Biddle & Reath LLP

Online Communications and Content: How Section 230 Reform Has Catapulted into Relevancy

Throughout much of 2020, Members of Congress, the Trump Administration, and even Associate Justice Clarence Thomas have highlighted the reasonableness in reevaluating Section 230 of the Communications Decency Act (47 USC...more

Cooley LLP

Alert: NTIA Section 230 Petition Raises Significant Legal and Policy Issues at FCC

Cooley LLP on

The rules proposed by the US Department of Commerce’s National Telecommunications and Information Administration in its recent petition for rulemaking asking the Federal Communications Commission to interpret Section 230 of...more

Cooley LLP

Alert: NTIA Asks FCC to Broaden Internet Platforms’ Liability for Third-Party Content and Moderation Efforts

Cooley LLP on

In a petition for rulemaking filed on July 27, the US Department of Commerce’s National Telecommunications and Information Administration has asked the Federal Communications Commission to adopt new rules interpreting Section...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

Jaburg Wilk

'Zeran v. AOL': The Anti-Circumvention Tool

Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

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