Basics of CDA Section 230 Protection of Web Entrepreneurs via New York Enterprise Report
W&M is happy to announce that it now has a regular blog with the New York Enterprise Report. W&M’s post on how Section 230 of the Communications Decency Act can be used as a shield for providers of online content is now online.
Abstract (The article in its entirety is available here.)
Today nearly all businesses have some kind of online presence. As a result, they may run into trouble with their users. Usually, these businesses will have a “terms of service” agreement that provides a contractual basis to revoke/block/discipline the user’s account. And often that might be enough to combat the problem. However, there are times when it’s not so much a user’s bad conduct towards the business that causes legal headache, as it is the user’s conduct towards other users that does so.
In that case, Section 230 of the Communications Decency Act (“Section 230″) is often business’ best friend. Section 230 is generally a liability shield for businesses ensnared in conflicts between users, but there are exceptions and qualifications. The following attempts to provide a basic breakdown for reference.
(The article in its entirety is available here.)
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