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Intellectual Property

Oct. 14, 2011

Roommate issues: Section 230 immunity in the 9th Circuit

Whether websites and online service providers should be given broad immunity for tort claims is questioned.

Andrew J. Thomas

Partner, Jenner & Block LLP

Phone: (213) 239-5100

Email: ajthomas@jenner.com

Harvard Univ Law School; Cambridge MA

Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.

Jonathan D. Weiss

CONTENT MATTERS

Under traditional libel law, a publisher of defamatory material authored by a third-party can be subject to tort liability for repeating the libel. Motivated by a desire to nurture the fledgling World Wide Web, Congress in 1996 prescribed different rules for the Internet when it enacted Section 230 of the Communications Decency Act (CDA). Section 230 provides websites and other online service providers with immunity for publi...

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