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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.
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.
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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.
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).
The interpretation of the court was that Section 230 grants immunity to all web-based service providers for civil claims brought by a user for harm caused by another user. The court further concluded that immunity still applies even when there is actual knowledge of the alleged tortious or criminal conduct by third-party users. [3]
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.
[33] [34] Yahoo acquired GeoCities in 1999 and shut it down in 2009, deleting 7 million web pages. [35] [36] Many of those web pages are available at mirror sites such as the Internet Archive [37] and OOCities.org. [38] Yahoo! GeoPlanet – Offered geographic information services both directly and via third-party applications; shut down in ...