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What is 47 U.S.C. § 230 of the Communications Decency Act?
• Section 230 shields online intermediaries from liability for speech that they host or republish. It protects the whole range of interactive computer service providers including social media sites, message boards,…
Facebook has suspended Cambridge Analytica from its platform for violating its guidelines on the use of user data. A New York Times article from today further illuminated the scale of Cambridge Analytica’s efforts and showed how the company used personal information about users to conduct targeted political outreach. These revelations illustrate the profound impact internet platforms can have on democracy.
The U.S. Court of Appeals for the Ninth Circuit delivered some good news to the FTC: in an en banc decision, the court reversed a September 2016 panel opinion that gave common carriers – companies that provide telecommunications services such as mobile and landline phone service – a get out of jail free card from the FTC’s enforcement authority. The ruling this week returns the FTC’s ability to bring actions against businesses when they are not acting as common carriers.
In a troubling recent decision (Goldman v. Breitbart) a court in the Southern District of New York found that embedding an image from Twitter in a web page hosted by a news sites can infringe on the exclusive right of the photographer to control the public display of the image. In the case, photographer Justin Goldman said that new sites, including Breitbart, infringed on this right when they included an embedded image of a tweet that contained a photograph he took of Patriots quarterback Tom Brady in the Hamptons