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Liability & Discussions

Part 4 - CDA: The Letter of the Law

The outcome is section 230 of the CDA, which potentially provides an almost unlimited safe harbor for online site providers. Section 230(c)(1) states:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
This specifically was designed to overrule Stratton Oakmont, which is a defamation case. Hence the release from liability as a publisher or speaker, since these are the two bases for being found guilty of defamation.

Section 230(c)(2) continues:

No provider or user of an interactive computer service shall be held liable on account of -

A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).



















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