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ARTICLE · 19 JANUARY 2017

Supreme Court Will Not Consider Backpage.com CDA Section 230 Case

Duane Morris LLP
Duane Morris LLP
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Section 230 of the Communications Decency Act (CDA) generally grants broad immunity to Internet Service Providers (ISPs) with respect to third-party content posted on the ISP sites.

United StatesMedia, Telecoms, IT, Entertainment

Section 230 of the Communications Decency Act (CDA) generally grants broad immunity to Internet Service Providers (ISPs) with respect to third-party content posted on the ISP sites. The legislative history behind CDA Section 230 makes plain that Congress intended for the Internet to flourish for businesses and the US economy, and that intent would be thwarted if ISPs had the onerous duty to police and somehow regulate information and communications posted on their sites by others the ISPs do not control.

Nevertheless, there have been efforts in legal cases to chip away at the broad immunity afforded to ISPs by CDA Section 230. One such effort is the recent legal case Jane Doe No. 1 v. Backpage.com, LLC.

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