Chart of CDA 230 cases
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NB: this chart was originally designed for use with StopBadware
Case review
Case | 230(c)? | Notes/Reasoning | Applicability |
Jane Doe v. Myspace, 2007 U.S. Dist. LEXIS 12269 (February 13, 2007). | Yes |
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Useful distinction between real & virtual premises. Clarified that 230 immunity extends not just to defamation but to negligence cases as well, closely following Zeran reasoning. |
Universal Communication Systems, Inc. v. Lycos, Inc., 2007 U.S. App. LEXIS 3946 (1st Cir. Feb. 23, 2007). | Yes |
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How much influence does the "construct and operation" of our site have on the content of the postings? We're clearly not taking steps to "active[ly] induce" unlawful activity, but we are seeking to "develop" content through our volunteer community, under a broad reading of "develop." We should try to determine if there's a clear definition of "development" in any CDA case (the dissent to denial of rehearing in Batzel offers one not terribly convincing definition), and how exactly it is distinguished from "creation." |
Hollis v. Joseph (in re DontDateHimGirl.com) | ?? |
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A shorter piece of text. |
Chi. Lawyers' Comm. for Civ. Rights Under the Law, Inc. v. Craigslist, Inc., 461 F. Supp. 2d 681 (N.D. Ill. 2006) | Yes |
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Notable attempt to approach §230 afresh, through statutory interpretation and with minimal reliance on Zeran line of precedent. A case worth thinking through, even if not directly relevant to SBW's concerns. |
Parker v. Google, 422 F. Supp. 2d 492 (E.D. Pa. 2006) | Yes |
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CDA 230 immunizes site owners who only archive, cache, or provide access to content from third parties (not very useful for SBW) |
Dimeo v. Max, 433 F. Supp. 2d 523 (E.D. Pa. 2006) | Yes |
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Int'l Padi, Inc. v. Diverlink, 2005 U.S. App. LEXIS 14234 (9th Cir. 2005) | Yes |
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Not very applicable to our case |
Optinrealbig.com, LLC v. Ironport Sys., 323 F. Supp. 2d 1037 (D. Cal. 2004) | Yes |
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We should certainly figure out where we fall in terms of altering/shaping/editing content between SpamCop and MCW. I am inclined to think that we do not need to take nearly as much of a hands-off approach as SpamCop. I think the comparisons to MCW and Carafano are mainly included so as to underscore the extremity of SpamCop's approach. Being as hands-off as SpamCop is arguably a sufficient but not necessary condition to stay within the §230 safe harbor. However, I won't deny that some of the dicta in this case is worrisome. [NB] SG: Also note that this case relies heavily on Batzel as the outer limit to CDA 230 immunity. This is favorable reliance/dicta because Batzel's facts arguably involve greater site owner interactivity. Cremers arguably shaped the form of the content (by choosing what to put in the messages and selecting an email that came to his personal address. In addition, Cremers certainly edited or otherwise altered the message. |
Green v. Am. Online (AOL), 318 F.3d 465 (3rd Cir. 2003) | Yes | First time the 3rd Circuit discusses the scope of 230 immunity
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Closely track statutory language in drafting TOS |
Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) | Yes |
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One thing to take away from the dissents is that we're probably on safe ground if we just edit or excise defamatory information posted by ICPs, since this appears to be within Congress's intent. |
Doe v. GTE Corp., 347 F3d 655 (7th Cir. 2003) | Yes |
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This case supports the idea that we may be justified in editing/censoring defamatory material on public interest and Congressional intent grounds. |
Ben Ezra, Weinstein, and Company, Inc. v. AOL, Inc., 206 F.3d 980 (10th Cir. 2000) | Yes |
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Removal of information that is incorrect is protected. |
Lunney v. Prodigy Servs., 94 N.Y.2d 242, 250 (N.Y. 1999) | N/A |
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A shorter piece of text. |
Blumenthal v. Drudge, 992 F. Supp. 44 (D.D.C. 1998) | Yes | A longer piece of text. Lorem ipsum... | A shorter piece of text. |
Zeran v. AOL, Inc., 129 F.3d 327 (4th Cir. 1997) | Yes |
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A shorter piece of text.
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Anthony v. Yahoo! Inc., 421 F. Supp. 2d 1257, 1262-63 (N.D. Cal. 2006) | No |
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I think the key takeaway from this case is that what Yahoo did was pretty blatantly bad. It's clear that Yahoo itself is the source of the "underlying misinformation" (as Carafano calls it)--Yahoo didn't just select or screen the information; it actively created it. As long as we don't do this, we should be in the clear. |
Carafano v. Metrosplash.com, 207 F. Supp. 2d 1055 (C.D.Cal. 2002) | No but see below |
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I don't think much weight should be placed on the finding that â is an ICP here. The court's reasoning is neither deep nor coherent, perhaps because the case is decided for â on summary judgment on other grounds. |
Update on Carafano v. Metrosplash.com, Inc., 339 F.3d 1119 (9th Cir. 2003) | Yes |
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This strongly indicates that we may be able to use web forms, after all, to solicit certain forms of content from community members. If a defamation claim arises, we appear to be safe so long as we are not the ones creating or developing the underlying misinformation. |
Gentry v. eBay, Inc., 121 Cal.Rptr.2d 703 (Cal. Ct. App. 2002) | Yes |
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More support for our immunity so long as we're not developers of "underlying misinformation." |
MCW Inc. v. Badbusinessbureau.com, L.L.C., 2004 U.S. Dist. LEXIS 6678 (D. Tex. 2004) | No |
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These facts are distinguishable from SBW's situation, because of SBW's distinctness from the users who post to its community--which is unlike the close connection between the defaming user and the website in this case (defaming user was owner/operator of website). Again, SBW is not the source of the underlying defamation. |
Autoadmit.com's failures | ?? |
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A shorter piece of text. |
Casename | Yes/no? | A longer piece of text. Lorem ipsum... | A shorter piece of text. |
Casename | Yes/no? | A longer piece of text. Lorem ipsum... | A shorter piece of text. |
Casename | Yes/no? | A longer piece of text. Lorem ipsum... | A shorter piece of text. |
- Meta: here's how to create a table
- Other cases, possibly worth looking at:
- Green v. Am. Online (AOL), 318 F.3d 465
- Delfino v. Agilent Technologies, Inc., 145 Cal. App. 4th 790
- Barrett v. Rosenthal, 40 Cal. 4th 33