Tag Archives: CDA

Supreme Court Will Not Consider Backpage.com CDA Section 230 Case

Section 230 of the Communications Decency Act (CDA) generally grants broad immunity to Internet Service Providers (ISPs) with respect to third-party content posted on the ISP sites. The legislative history behind CDA Section 230 makes plain that Congress intended for the Internet to flourish for businesses and the US economy, and that intent would be thwarted if ISPs had the onerous duty to police and somehow regulate information and communications posted on their sites by others the ISPs do not control.

Nevertheless, there have been efforts in legal cases to chip away at the broad immunity afforded to ISPs by CDA Section 230. One such effort is the recent legal case Jane Doe No. 1 v. Backpage.com, LLC. Continue reading Supreme Court Will Not Consider Backpage.com CDA Section 230 Case

Platforms Like Airbnb and VRBO to Thrive or Facing Legal Reckoning?

The short-term lodging landscape has changed radically in recent years. Rather than always book hotels when away from home, people now frequently book to stay in the homes or apartments of other people through sites like Airbnb and VRBO. The growth in this area is reflected by the $30 billion estimated worth of Airbnb. But does this mean that these short-term rental sites are completely free of legal concerns? No.

According to a recent Fortune.com article, regulations passed in various jurisdictions threaten the online, short-term rental model. For example, New York has passed regulations that Airbnb says could damage its business in New York City — its largest market in the United States. Hours after Governor Andrew Cuomo signed the bill, Airbnb filed a federal lawsuit claiming the law will cause “irreparable harm.” Continue reading Platforms Like Airbnb and VRBO to Thrive or Facing Legal Reckoning?

9th Circuit Resisting Efforts to Dilute CDA Section 230 ISP Immunity?

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?