How far does 230 (c) go?

Transcription

1 Internet Defamation 2018: 230 Complications and Limitations Jeremy D. Mishkin How far does 230 (c) go?

2 No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. NO EFFECT ON CRIMINAL LAW Nothing in this section shall be construed to impair the enforcement of obscenity. sexual exploitation of children or any other Federal criminal statute.

3 NO EFFECT ON INTELLECTUAL PROPERTY LAW Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property. What s Intellectual Property? Gucci Perfect 10 Ohio State Friendfinder

4 STATE LAWS OK EXCEPT WHEN THEY AREN T Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section. The law No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

5 Who s protected? Who s not? Creator of content can be liable Just because you re a website doesn t mean you re out of the woods You may not be liable for content created by others, BUT you can be liable if you ve created content

6 Example Headlines Ripoff Report If you re creating content, you can be liable

7 Where s the line? How little can you do to create content and still face possible liability? Craigslist sued for carrying illegal ads Held: immune (7 th Circuit)

8 Roommates.com the anti Craigslist Drop Down Menus = no immunity asking illegal questions By categorizing, channeling and limiting the distribution of users profiles, Roommate provides an additional layer of information that it is responsible at least in part for creating or developing.

9 Roommates.com the denouement Never mind. Airbnb vs. Landlords Landlords: Airbnb is developing illegal content that breaches leases that forbid shortterm subleases 12/27/17 ruling: Case dismissed. The people who offer their apartments are the content creators they may be breaching the lease, but Airbnb is not

10 Airbnb can be sued for other reasons Suit by San Francisco re Airbnb s business practices how bookings work not barred by 230 Caveat: 9 th Circuit sometimes does funny things Monetizing 230

11 Jones v. The Dirty.com The Dirty prevails on appeal too Held: Immune (6 th Circuit)

12 Backpages Hard cases make Is Anyone Up? / Is Anyone Down Craig Brittain Bounties for pix Takedown lawyer button FTC takes action Hunter Moore goes to jail

13 Crystal Cox Obsidian Finance Reputation consultation services Jury verdict $2.5 million Reversed on appeal a blogger entitled to media defenses Cross media publishing When worlds collide

14 Straw v. Streamwood Multiple channels same immunity Will the law change? Stop Enabling Sex Traffickers Act of 2017 [SESTA] Would add exception permitting suit if the defendant: knowingly benefits, financially or [otherwise] from participation in a venture which that person knew or should have known has engaged in an act [of trafficking]

15 Thank you.