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Socially Aware Blog The Law and Business of Social Media

Tag Archives: Communications Decency Act

Keeping Privates Private: The Legal Landscape of Revenge Porn

Posted in Copyright, DMCA, First Amendment, Privacy

Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and connection-through-sharing to levels unparalleled at any point in history. With this new universe of limitless dissemination often comes the stripping… Continue Reading

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

A Dirty Job: TheDirty.com Cases Show the Limits of CDA Section 230

Posted in Ethics, Litigation, Privacy

We’ve reported before on Section 230 of the Communications Decency Act (CDA), the 1996 statute that states, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”  Courts have interpreted Section 230 to immunize social media and other websites… 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

Using Copyright Assignments to Control Customer Reviews

Posted in Copyright, DMCA

Consumers often turn to the Internet for reviews before purchasing products or services, and companies are increasingly interested in ensuring that such reviews reflect positively and accurately on their businesses.  When patients post negative or allegedly inaccurate reviews about their doctors on the Internet, however, doctors are often prevented from responding due to ethical obligations… Continue Reading