Criminal,
Civil Litigation
Sep. 1, 2020
Immune, or not immune? That is Craigslist’s question
Two recent bills that amended Section 230 of the Communications Decency Act — the Fight Online Sex Trafficking Act and Stop Enabling Sex Traffickers Act (aka “FOSTA-SESTA”) — have forced courts to reanalyze the scope of the act’s protections where allegations of sex trafficking are at issue.
Internet service providers, such as Twitter, Facebook and Craigslist, are no strangers to lawsuits arising out of third-party content published on their websites. When faced with such lawsuits, ISPs routinely seek to avail themselves of the protections afforded by the Communications Decency Act, which generally immunizes ISPs against liability arising from third-party content. In particular, Section 230 of the CDA states that “[n]o provider or user of an interactive c...
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