Sylvain on Section CDA Section 230 & Discriminatory Expressive Conduct

Olivier Sylvain (Fordham University School of Law) has posted Discriminatory Designs on User Data (Knight First Amendment Institute at Columbia University, Forthcoming) on SSRN.  Here is the abstract: Section 230 of the Communications Decency Act protects intermediaries from liability for distributing third-party user content. Courts have read Section 230 broadly, creating an immunity for intermediaries who do all but “materially contribute” to the user content they distribute. That is, courts have read the statute’s protections to cover services that augment user content, but not services that demonstrably help to develop the alleged illegal expressive conduct. Many believe that the internet would not be as dynamic and beguiling today were it not for the protection that Section 230 has been construed to provide for online intermediaries. Members of Congress worried the intermediaries would be “chilled” by the fear that they could be…

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