2H 2017 & Q1 2018 Quick Links, Part 3: Section 230, Consumer Reviews

Section 230 * Backpage.com, LLC, V. Hawley, 2017 WL 5726868 (E.D. Mo  Nov. 28, 2017): Backpage cites Doe No. 1 for the proposition that, as an interactive computer service provider, its “choices about what content can appear on the website and in what form, are editorial choices that fall within the purview of traditional publisher functions,” and are therefore shielded by the CDA. Id. at 21. In Doe No. 1, the plaintiffs, minor victims of sex trafficking, alleged that Backpage “tailored its posting requirements to make sex trafficking easier” and implemented “rules and processes governing the content of advertisements . . . designed to encourage sex trafficking.” Id. at 16. The First Circuit held that the CDA immunized Backpage from liability under the state’s anti-sex-trafficking law because: “[C]laims that a website facilitates illegal conduct through its posting rules necessarily treat the website as a publisher or speaker…

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