Tag Archives: Section 230

FCC Announces Section 230 Rulemaking

FCC Chairman Pai announced today that the FCC will move forward with a rulemaking to clarify the meaning of Section 230 of the Communications Decency Act (CDA).  To date, Section 230 generally has been interpreted to mean that social media companies, ISPs, and other “online intermediaries” have not been subject to liability for their users’ … Continue Reading

DOJ Proposes Legislation to Limit Section 230 Immunity

The Department of Justice has released a draft bill to amend Section 230 of the Communications Decency Act of 1996, joining the chorus of voices seeking to limit the statute’s liability protections (covered here, here, here, and here).  The DOJ’s draft bill incorporates recommendations from its June 2020 report analyzing Section 230, as well as … Continue Reading

Online Content Policy Modernization Act Duplicates Existing Senate Republican Proposal to Limit Section 230 Liability Protections

Another week, another proposal concerning Section 230 of the 1996 Communications Decency Act.  This week, Senator Lindsey Graham (R-SC) introduced the Online Content Policy Modernization Act, which primarily establishes an alternative dispute resolution program for copyright small claims.  Relevant to this blog, however, are the last three pages of the proposal, which limit civil liability … Continue Reading

Online Freedom and Viewpoint Diversity Act Yet Another Republican Proposal to Limit Section 230 Liability Protections

Earlier this week, a group of Republican Senators, including Roger Wicker (R-MS), Lindsey Graham (R-SC), and Marsha Blackburn (R-TN) introduced the Online Freedom and Viewpoint Diversity Act.  This proposal seeks to “modify the scope of protection from civil liability for ‘good Samaritan’ blocking and screening of offensive material” under Section 230 of the 1996 Communications … Continue Reading

PACT Act Would Deny Section 230 Immunity in Certain Instances and Impose Greater Transparency, Process, and Enforcement Mandates

Continuing the flood of recent proposals to amend the scope of Section 230 of the 1996 Communications Decency Act, a bipartisan group of Senators unveiled the Platform Accountability and Consumer Transparency Act (“PACT Act”) last week.  Proposed by Senators Brian Schatz (D-HI) and John Thune (R-SD), the PACT Act comes on the heels of legislative … Continue Reading

Ninth Circuit Upholds CDA Immunity Against Plaintiff’s Attempt to “Push[] the Envelope of Creative Pleading”

On Monday, a panel of the Ninth Circuit unanimously ruled that Section 230 of the Communications Decency Act (“CDA”) protected Yelp from liability relating to an allegedly defamatory user-generated review.  In doing so, the Court rejected several attempts by the Plaintiff to plead around the CDA’s broad immunity provisions by accusing Yelp of playing a … Continue Reading
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