CDA Section 230: The Law That Judges Love to Hate Takes a Hit

7 05 2009

Many attempts have been made to plead around the immunity provided to interactive computer services under Section 230 of the Communications Decency Act, and only a very few such attempts have succeeded. Here’s one that has succeeded at least to the point of getting a remand back to the district court. The appeals court concluded that the victim of the “incedent” false profiles posted on Yahoo! by a spurned boyfriend may have a cause of action against Yahoo! for allegedly promising to remove the profiles, then failing to do so.

Barnes v. Yahoo!, Inc., No. 05-36189 (9th Cir. May 7, 2009).


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