Section 230 of the Communications Decency Act (CDA) became law long ago when it comes to internet time, way back in the 1990s. The main thrust of the CDA was an effort by Congress to regulate indecent content posted online. Section 230 was included within the CDA to provide general immunity to Internet service providers with respect to third-party content posted on their sites. While the indecency regulatory aspect of the CDA was struck down by the United States Supreme Court as violating the First Amendment, Section 230 survives to this day and has been the critical legal backbone that has allowed a good part of the Internet to flourish, especially social media. Continue reading What To Do About CDA Section 230 And ISP Immunity?
Long ago in internet time, back in the mid-1990s, Congress considered how closely to regulate Internet Service Providers (ISPs). Congress determined that it was in the best interests of the United States not to burden ISPs with restrictions, so that the Internet could grow and flourish in the areas of commerce, communications and education. Thus, Section 230 of the Communications Decency Act was enacted and it provides broad immunity for ISPs with respect to third-party content posted on their sites. Generally speaking, ISPs have not been saddled with publisher-type liability — it is not their job to police their web sites to ensure that posted content is not false or malicious. Continue reading Immunity for Internet Service Providers Under Siege?
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?