Talk:Section 230 of the Communications Decency Act

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[edit] Other Countries

Can we have links to versions of this law in other countries? I would add them if I knew what they were. I'm particularly interested in the state of things in Britain. A5 11:42, 7 June 2006 (UTC)

[edit] Craigslist Basis for a 230 Defense

Perfect 10, Inc. v. CCBill, LLC and Gucci America, Inc. v. Hall & Associates distinguish that the 230 Defense applies only to tort liability.

Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. The imposition of tort liability on service providers for the communications of others represented, for Congress, simply another form of intrusive government regulation of speech....

Congress made a policy choice ... not to deter harmful online speech through the separate route of imposing tort liability on companies that serve as intermediaries for other parties' potentially injurious messages.

Id. at 330-31 (emphasis added). The Zeran quotation, in context, refers to defamation and other forms of tort liability. The instant claims are grounded in the law of intellectual property and, therefore, do not, on a motion to dismiss, implicate Section 230 immunity. Gucci America, Inc. v. Hall & Associates 135 F.Supp.2d 409,415 (S.D.N.Y.,2001)

The suit brought against Craigslist does not plead liability under a tort, but instead under civil rights violations enforced under the FHA. This seems like another opportunity for the court to distinguish the overbroad language of section 230 as a non-defense under the FHA.

[edit] Help with formating

Could someone help with formating & citation for Barret v. Rosenthal? I am wiped out, but at least got it added here. It's a CA Supreme Court case pubilshed last month, on Section 230. Thank you!Jance 03:41, 15 December 2006 (UTC)