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ARTICLE · 04 MARCH 2015

9th Circuit Resisting Efforts To Dilute CDA Section 230 ISP Immunity?

Duane Morris LLP
Duane Morris LLP
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Section 230 of the Communications Decency Act (CDA) generally affords immunity for Internet Service Providers (ISPs) with respect to content posted by users on their websites.

United StatesMedia, Telecoms, IT, Entertainment
Eric Sinrod
Eric Sinrod
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Section 230 of the Communications Decency Act (CDA) generally affords immunity for Internet Service Providers (ISPs) with respect to content posted by users on their websites. There have been various efforts by plaintiffs in lawsuits to chip away at this immunity, most of which have failed. Now along comes Doe v. Internet Brands, in which the plaintiff sought to convince the Ninth Circuit to circumvent CDA Section 230 immunity under a "duty to warn" theory.

Factual Allegations

The anonymous plaintiff, Jane Doe, alleged that she was a model who was enticed to travel to Florida by two men. The men drugged her, raped her, and then displayed this horrid event in a pornographic video.

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