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ARTICLE · 11 JUNE 2019

Filtering Actions By Anti-Malware Software Provider Protected By CDA "Good Samaritan" Immunity

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Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content

United StatesMedia, Telecoms, IT, Entertainment
Jeffrey Neuburger
Jeffrey Neuburger
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Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit's decision in Herrick v. Grindr LLC, No. 18-396 (2d Cir. Mar. 27, 2019) (summary order), the Wisconsin Supreme Court's opinion in Daniel v. Armslist, LLC, No. 2017AP344, 2019 WI 47 (Wis. Apr. 30, 2019), and the Northern District of California's decision in P.C. Drivers Headquarters, LP v. Malwarebytes Inc., No. 18-05409 (N.D. Cal. Mar. 6, 2019).

In Herrick, the plaintiff asserted negligence, products liability and related claims against Grindr, a mobile dating app, after someone impersonated him and posted fake profiles on the app. The appeals court affirmed the district court's dismissal of the case. The court found that Section 230(c)(1) barred claims that ascribed liability to Grindr for the design of its platform as within the purview of protected "traditional

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