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Barnes v. Yahoo!, Inc., 570 F.3d 1096 (9th Cir. 2009), [1] is a United States Court of Appeals for the Ninth Circuit case in which the Ninth Circuit held that Section 230 of the Communications Decency Act (CDA) rules that Yahoo!, Inc., as an Internet service provider cannot be held responsible for failure to remove objectionable content posted to their website by a third party.
At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users: 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.
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Immunity under Section 230 requires that: (1) the defendant is a provider or user of an interactive computer service; (2) the cause of action treat the defendant as a publisher or speaker of information; and (3) the information at issue be provided by another information content provider. Zeran, 129 F.3d at 330.
After the New York Supreme Court found an online service provider liable for defamation because of anonymous bulletin board posts made by its customers in Stratton Oakmont, Inc. v. Prodigy Services Co., [10] Congress added an immunity provision to the CDA to avoid such third party liability in the future.
The Stored Communications Act (SCA, codified at 18 U.S.C. Chapter 121 §§ 2701–2713) [1] is a law that addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party Internet service providers (ISPs).
Consumer privacy protection is the use of laws and regulations to protect individuals from privacy loss due to the failures and limitations of corporate customer privacy measures. Corporations may be inclined to share data for commercial advantage and fail to officially recognize it as sensitive to avoid legal liability in the chance that ...
This Section applies to the proxy and caching servers used by ISPs and many other providers. If the cached material is made available to end users, the system provider must follow the Section 512(c) takedown and put back provisions. Note that this provision only applies to cached material originated by a third party, not by the provider itself.