law Flashcards
What act can Section 230 be found in?
- Communications Decency Act
What is section 230
-considered the backbone of the internet
When was 230 created
The law was created over 30 years ago which protects internet service platforms from liability from things that that third parties say or do on their site.
What is an ISP?
-Internet service platform
What is currently happening with section 230?
Decades since its inception, it is more controversial than ever. Political parties from both sides are threatening to repeal and reform 230.
What does the legislation say in section 230?
-Section 230 states that 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.
What does section 230 imply?
Section 230 implies that online websites that except user contributions and does not edit, or create the post are immune from liability.
What is the good Samaritan clause?
The good Samaritan clause allows platforms to remove or moderate third part content that they deem to be obscene, as long as they do so in good faith.
What instances does section 230 not apply?
- Federal criminal liability
- Electronics communications privacy act
- Intellectual property claim
- State laws consistent with 230
- Sex trafficking
Provide an example of section 230
In 1994, Stratton Oakmont vs Prodigy, the wolf of wall street sued prodigy for defamation after a user claimed on a forum that the financial company’s president engaged in fraudulent act. The court ruled in favor with Stratton Oakmont stating Prodigy moderated post on its forums, it exercised editorial control that made it just as liable for the speech on its platform as the user who exorcised the speech.
What is the CALDER TEST?
Calder test exemplifies that is the defendant actions causes harm to the plaintiff in the forum of the site which the defendant knew harm would likely be suffered.
What is the miller test?
Anything that will not pass for less than obscene
What is the child protection & obscenity enforcement act and what year?
(1988) - websites must be aware of ages.
What is the child online protections act and what year?
1998- commercial distributors of material harmful to minors must restrict site access by minors
What is espionage act?
One who intentionally discloses classified information without authorization would be considered a federal crime
