ONLINE LIABILITY BLOG

Section 230 On Appeal (47 USC 230(c)(1))

Text of Section 230

The following is the text of Title 47, Section 230, United States Code (a/k/a Section 230), which was enacted as part of the Communications Decency Act, a component of the Telecommunications Act of 1996:

§ 230. Protection for private blocking and screening of offensive material
(a) Findings

The Congress finds the following:

(1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.

(2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops.

(3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.

(4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation.

(5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.

(b) Policy

It is the policy of the United States–

(1) to promote the continued development of the Internet and other interactive computer services and other interactive media;

(2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;

(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;

(4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and

(5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.

(c) Protection for “good samaritan” blocking and screening of offensive material

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

(2) Civil liability

No provider or user of an interactive computer service shall be held liable on account of–

(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1) [probably should refer to subparagraph (A)].

(d) Obligations of interactive computer service

A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections.

(e) Effect on other laws

(1) No effect on criminal law

Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of Title 18, or any other Federal criminal statute.

(2) No effect on intellectual property law

Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.

(3) State law

Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

(4) No effect on Communications Privacy law

Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law.

(f) Definitions

As used in this section:

(1) Internet

The term “Internet” means the international computer network of both Federal and non-Federal interoperable packet switched data networks.

(2) Interactive computer service

The term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.

(3) Information content provider

The term “information content provider” means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.

(4) Access software provider

The term “access software provider” means a provider of software (including client or server software), or enabling tools that do any one or more of the following:

(A) filter, screen, allow, or disallow content;

(B) pick, choose, analyze, or digest content; or

(C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.

Written by Michael Erdman

Thursday, August 16, 2007 at 2:13 pm

8 Responses

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  1. [...] 230 dismissal of libel suit against website Earlier this week the Third Circuit, citing Section 230, affirmed a lower court’s dismissal of a complaint that alleged the defendant had “published” [...]

  2. [...] him to guest post on the recently filed Sloan v. Truong, et al case, which raises at least one Section 230 issue. Of course one read of the complaint will tell you that this case is about much more than [...]

  3. [...] Inc. (“Craigslist”). CLC, as you may recall, is appealing Judge St. Eve’s rulings that Section 230 protects Craigslist from liability for housing ads placed on the site by third parties that [...]

  4. [...] to dismiss filed in the case, Curran v. Amazon.com, et al. CafePress asserted in its motion that Section 230 grants it federal immunity from tort liability and preempts both counts of the complaint. In [...]

  5. [...] is described in the article as expressing disappointment with Dynadot’s actions, noting that Section 230 protects the company from the plaintiffs’ claims. Beyond simply complying with a court order [...]

  6. [...] website. The Court concluded that the defendants failed to demonstrate they were entitled to Section 230 protection, and remanded to the district court for a determination of whether personal jurisdiction [...]

  7. [...] of Craigslist’s motion for judgment on the pleadings. In other words, the Court ruled that Section 230 protects Craigslist from the Fair Housing Act claims contained in plaintiff’s [...]

  8. [...] are of course dealing with a statute here, and the Court appropriately begins by asking what Congress had in mind when it enacted the [...]


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