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Category Archives: Section 230 Safe Harbor

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TheDirty.com Goes to Trial

Posted in Litigation, Section 230 Safe Harbor

In 2012, we reported on a pair of district court decisions that, based on similar facts, split on whether defendant TheDirty.com, a gossip website, qualified for immunity under Section 230 of the Communications Decency Act (CDA), the 1996 law that states “[n]o provider or user of an interactive computer service shall be treated as the… Continue Reading

New Issue of the Socially Aware Newsletter Now Available

Posted in Employment Law, FCC, FTC, IP, Litigation, Privacy, Section 230 Safe Harbor, Statistics, Terms of Use, Trademark

In the latest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we look at recent First Amendment, intellectual property, labor and privacy law developments affecting corporate users of social media and the Internet. We also recap major events from 2012 that have had a substantial impact on… Continue Reading

Google AdWords Decision Highlights Contours of the CDA Section 230 Safe Harbor

Posted in IP, Litigation, Section 230 Safe Harbor, Trademark

In a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements. In a recent decision emerging from these cases, CYBERsitter v. Google,… Continue Reading

CDA Immunity Gives Social Media Providers Wide Latitude in Combating Spam

Posted in Section 230 Safe Harbor

As we reported last month, the safe harbor in Section 230 of the Communications Decency Act (“CDA”) immunizes social media providers from liability based on content posted by users under most circumstances, but not from liability for content that the providers themselves generate.  But what about when providers block Internet traffic such as “spam” –… Continue Reading

Two Recent Cases Illustrate Limitations of the CDA Section 230 Safe Harbor

Posted in Section 230 Safe Harbor

Although common law generally holds publishers responsible for the content that they publish, the Communications Decency Act (“CDA”) gives website operators broad protection from liability for content posted by users.  Courts have applied the CDA in favor of website owners in nearly 200 cases, including cases involving Google, Facebook, MySpace, and even bloggers for content… Continue Reading