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Troutman Pepper Locke

Platforms Face Section 230 Shift From Take It Down Act

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On May 19, President Donald Trump signed the Take It Down Act into law. The act will have an immediate impact on platform providers, which will be required to actively monitor and, in many cases, censor the speech of their...more

Morrison & Foerster LLP

The Future of Section 230: Protection Against Product Liability Claims?

Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...more

Buckingham, Doolittle & Burroughs, LLC

What is Section 230?

The Internet makes it easier than ever to connect with people around the world, share ideas and information, and have their voices heard regardless of whether they are a single individual with limited resources or a massive...more

Partridge Snow & Hahn LLP

Supreme Court Rules for Twitter and Declines to Address Section 230 in Much-Anticipated ISIS Case

On May 18, 2023, in Twitter, Inc. v. Taamneh et al., the United States Supreme Court ruled against an Islamic State of Iraq and Syria (“ISIS”) attack victim’s family who sought to hold Twitter, and other social media...more

Farella Braun + Martel LLP

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google, a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...more

Proskauer - New Media & Technology

Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake

Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers...more

Proskauer Rose LLP

The Law on Online Content Moderation and Where It's Headed

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Online platforms that allow users to post content face a constant choice: to remove or to not remove, to police or not to police. Shakespearean allusions aside, platforms generally want user engagement — to reach as many...more

Vinson & Elkins LLP

A New Filter For Section 230: Snapchat Court Joins Lawmakers In Chipping Away At Social Media Immunity

Vinson & Elkins LLP on

Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the...more

Wiley Rein LLP

Three Ways the SAFE TECH Act Would Amend Section 230

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While we are still in the infancy of the Biden Administration, it is clear that bipartisan desire to amend Section 230 of the Communications Decency Act (“Section 230”) remains active. On February 8, 2021, Sen. Mark Warner...more

Wiley Rein LLP

Justice Thomas Lays Blueprint for Supreme Court to Limit Section 230 In a Future Case

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In the Supreme Court’s October 13 Order List, Justice Thomas issued a statement regarding the denial of certiorari in a case out of the Ninth Circuit—Malwarebytes Inc. v. Enigma Software Group USA, LLC—that we have previously...more

K&L Gates LLP

Digital Crisis PR: Dealing with Negative Online Reviews

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Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more

K&L Gates LLP

Digital Crisis PR: Removal of Unlawful Content from Digital Platforms

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Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more

Proskauer - New Media & Technology

FOSTA Signed into Law, Amends CDA Section 230 to Allow Enforcement against Online Providers for Knowingly Facilitating Sex...

Today, the President signed H.R. 1865, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (commonly known as “FOSTA”). The law is intended to limit the immunity provided under Section 230 of the...more

Proskauer - New Media & Technology

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Limits Immunity From Negligent Failure To Warn Cases Under The Communications Decency Act

Fenwick & West LLP on

Last week, the Ninth Circuit limited the ability of websites and online services to use Section 230 of the Communications Decency Act (CDA) to shield themselves from failure to warn lawsuits arising out of the offline conduct...more

Holland & Knight LLP

First Circuit: CDA Bars Action Claiming Websites Facilitated Sex Trafficking - Communications Decency Act Immunizes Websites for...

Holland & Knight LLP on

In affirming the dismissal of an action seeking damages under the federal Trafficking Victims Protection Reauthorization Act (TVPRA), the U.S. Court of Appeals for the First Circuit rejected "end run" arguments from the...more

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