Section 230 of the Communications Decency Act (CDA) generally affords immunity for Internet Service Providers (ISPs) with respect to content posted by users on their websites. There have been various efforts by plaintiffs in lawsuits to chip away at this immunity, most of which have failed. Now along comes Doe v. Internet Brands, in which the plaintiff sought to convince the Ninth Circuit to circumvent CDA Section 230 immunity under a “duty to warn” theory.
Factual Allegations
The anonymous plaintiff, Jane Doe, alleged that she was a model who was enticed to travel to Florida by two men. The men drugged her, raped her, and then displayed this horrid event in a pornographic video.
Doe alleged that the two men initially found her by way of the website Model Mayhem, which she’d joined as a member. She asserted that Model Mayhem is a site that profiles hundreds of thousands of models, and that the owner of the site, Internet Brands, allegedly knew of the illegal scheme by the two men but nevertheless neglected to warn her of the potential harm. Continue reading “9th Circuit Resisting Efforts to Dilute CDA Section 230 ISP Immunity?”
