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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

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

Womble Bond Dickinson on

In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Third Party Content

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Fenwick & West LLP

FTC, YouTube, and Kids’ Privacy: Key Takeaways from the Biggest COPPA Settlement in FTC History

Fenwick & West LLP on

On September 4, 2019, the U.S. Federal Trade Commission announced Google and YouTube will pay a record $170 million as part of a settlement over allegations that YouTube violated the Children’s Online Privacy Protection Act...more

Proskauer - New Media & Technology

Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and...

In the swirl of scrutiny surrounding the big Silicon Valley tech companies and with some in Congress declaiming that Section 230 of the Communications Decency Act (CDA) should be curtailed, 2019 has quietly been an important...more

Morrison & Foerster LLP - Social Media

Legislators Propose Narrowing § 230’s Protections

As we have frequently noted on Socially Aware, Section 230 of the Communications Decency Act protects social media sites and other online platforms from liability for user-generated content. Sometimes referred to as “the law...more

Proskauer - New Media & Technology

Locksmiths Locked Out: Court Affirms Immunity for Use of Tools That Portray Third-Party Content Pictorially or as an Aggregate...

In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third party content. The beat goes...more

Proskauer - New Media & Technology

Filtering Actions by Anti-Malware Software Provider Protected by CDA “Good Samaritan” Immunity

Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr...more

Davis Wright Tremaine LLP

Grindr and Armslist Cases Reaffirm Core Protections for User-Generated Content

Sometimes, bad facts don’t make bad law. Two recent decisions confirm that a federal immunity protects websites from claims that they allowed their users to post content that ultimately caused injury or even death. ...more

Morrison & Foerster LLP - Social Media

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

Often hailed as the law that gave us the modern Internet, Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us...more

Butler Snow LLP

2017 Year in Review of Internet Companies’ Protection from Liability for Users’ Sexual Trafficking Content: The Courts Gave but...

Butler Snow LLP on

At the beginning of this year, internet companies found strengthened protection from liability for users’ sexual trafficking content thanks to the U.S. Supreme Court’s decision not to review a key First Circuit decision...more

Morrison & Foerster LLP - Social Media

The Decline and Fall of Section 230?

2016 has been a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or Leonard Cohen, feel free to drop us a line). But one possible...more

McCarter & English, LLP

Re-Register Takedown Agent or Lose Copyright Shield

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent...more

McAfee & Taft

I accept!

McAfee & Taft on

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Morrison & Foerster LLP - Social Media

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

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