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ARTICLE · 07 FEBRUARY 2023

The CDA And DMCA – Recent Developments And How They Work Together To Regulate Online Services

Crowell & Moring LLP
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Section 230 of the Communications Decency Act (CDA, codified at 47 U.S.C. § 230) and Section 512 of the Digital Millennium Copyright Act (DMCA, codified at 17 U.S.C. § 512)...

United StatesIntellectual Property
Neda M. Shaheen
Neda M. Shaheen
Jacob Canter
Jacob Canter

Key Takeaways

  1. While the CDA and DMCA are separate statutes, they work together to regulate online services
  2. Section 230 reform efforts could impact how Courts and commentators treat the DMCA
  3. The efforts to repeal or substantially reduce the protection for internet service provider under Section 230 raise questions for practitioners about potential corollary effects on use of the DMCA to advocate for users and websites.

Section 230 of the Communications Decency Act (CDA, codified at 47 U.S.C. § 230) and Section 512 of the Digital Millennium Copyright Act (DMCA, codified at 17 U.S.C. § 512) are separate legal structures that work together to uphold certain protections for online service providers against claims arising out user-generated content.

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