(Download) "An Interpretive Framework for Narrower Immunity Under Section 230 of the Communications Decency Act." by Harvard Journal of Law & Public Policy ~ eBook PDF Kindle ePub Free
eBook details
- Title: An Interpretive Framework for Narrower Immunity Under Section 230 of the Communications Decency Act.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 304 KB
Description
INTRODUCTION For well over a decade, courts and commentators have struggled to apply and interpret Section 230 of the Communications Decency Act of 1996 (CDA). Section 230 was designed to accomplish two objectives: First, Congress sought to protect children from Internet pornography by encouraging Internet Service Providers (ISPs) and websites to censor content voluntarily; second, Congress sought to promote freedom of expression on the Internet. To accomplish these two divergent goals, Section 230 grants immunity from tort liability to all websites and ISPs that are not themselves responsible for the creation or development of tortious content. Almost all courts have interpreted Section 230 immunity broadly, covering even publishers who take an active role in the production of controversial content, so long as they are not the authors. Although this broad interpretation effects the basic goals of the statute, it ignores several serious textual difficulties and mistakenly extends protection too far by immunizing even direct participants in tortious conduct. A proper reading of the statute--one that accounts for the background common law principles of vicarious tort liability upon which Section 230 was enacted--would correct both problems.
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