The Communications Decency Act (CDA) of 1996, is still alive and protects many internet service providers (ISPs) and website hosts from liability for statements and actions made by others using their services. The goal is to promote the free exchange of information and ideas over the internet.
Many individuals have received information or posts from individuals that defame or paint them in a bad light. Sometimes there is false or misleading information that is posted on a website are the basis of tort, contract and intellectual property claims against the ISP or website host.
The CDA shields these individuals from liability, because they are not considered the speaker. Moreover, they are shielded from liability if they act in good faith and restrict access to false or misleading information. Most of the cases dealing with these issues have been in the defamation context, but there is some crossover with contract and intellectual property matters.
The ISP and the website host is immune as long as they are not the author or creator of the post or statement. In other words, they are just a means of commnication. It remains to be seen how the CDA, particularly, section 230, will be interpreted in the context of an breach of contract or violation of intellectual property rights claims.
June 12, 2009 at 11:33 am |
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