Liable for actions on Net54?

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Posted By: leon

I have had the question several times about other moderators or myself being legally responsible, for what others say, on this message board. I was flipping through some internet virtual pages and happened on this. I think I am liable for what I say as well as anyone else on the board. Slow day and, with couple of lawyers on the board , thought this could be of interest....(I hate being labelled a "blogger" but oh well...) regards



The Bloggers' FAQ on Section 230 Protections discusses a powerful federal law that gives you, as a web host, protection against legal claims arising from hosting information written by third parties.

What is this "Section 230" thing anyway?
Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC § 230). It was passed as part of the much-maligned Communication Decency Act of 1996. Many aspects of the CDA were unconstitutional restrictions of freedom of speech (and, with EFF'S help, struck down by the Supreme Court), but this section survived and has been a valuable defense for Internet intermediaries ever since.
What protection does Section 230 provide?
Section 230 says 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." This federal law preempts any state laws to the contrary: "[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." The courts have repeatedly rejected attempts to limit the reach of Section 230 to "traditional" Internet service providers, instead treating many diverse entities as "interactive computer service providers."
How does Section 230 apply to bloggers?
Bloggers can be both a provider and a user of interactive computer services. Bloggers are users when they create and edit blogs through a service provider, and they are providers to the extent that they allow third parties to add comments or other material to their blogs.

Your readers' comments, entries written by guest bloggers, tips sent by email, and information provided to you through an RSS feed would all likely be considered information provided by another content provider. This would mean that you would not be held liable for defamatory statements contained in it. However, if you selected the third-party information yourself, no court has ruled whether this information would be considered "provided" to you. One court has limited Section 230 immunity to situations in which the originator "furnished it to the provider or user under circumstances in which a reasonable person...would conclude that the information was provided for publication on the Internet...."

So if you are actively going out and gathering data on your own, then republishing it on your blog, we cannot guarantee that Section 230 would shield you from liability. But we believe that Section 230 should cover information a blogger has selected from other blogs or elsewhere on the Internet, since the originator provided the information for publication to the world. However, no court has ruled on this.
Do I lose Section 230 immunity if I edit the content?
Courts have held that Section 230 prevents you from being held liable even if you exercise the usual prerogative of publishers to edit the material you publish. You may also delete entire posts. However, you may still be held responsible for information you provide in commentary or through editing. For example, if you edit the statement, "Fred is not a criminal" to remove the word "not," a court might find that you have sufficiently contributed to the content to take it as your own. Likewise, if you link to an article, but provide a defamatory comment with the link, you may not qualify for the immunity.

The courts have not clarified the line between acceptable editing and the point at which you become the "information content provider." To the extent that your edits or comment change the meaning of the information, and the new meaning is defamatory, you may lose the protection of Section 230.
Is Section 230 limited to defamation?
No. It has been used to protect intermediaries against claims of negligent misrepresentation, interference with business expectancy, breach of contract, intentional nuisance, violations of federal civil rights, and emotional distress. It protected against a state cause of action for violating a statute that forbids dealers in autographed sports items from misrepresenting those items as authentically autographed. It extends to unfair competition laws. It protected a library from being held liable for misuse of public funds, nuisance, and premises liability for providing computers allowing access to pornography.
Wow, is there anything Section 230 can't do?
Yes. It does not apply to federal criminal law, intellectual property law, and electronic communications privacy law.

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Posted By: Paul Stratton

Very interesting...but I think my brain just exploded.

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Posted By: Gilbert Maines

Thank you Leon,
I do not always keep on top of the erosion of my rights as I should. So, if I understand this correctly, before I reveal a fraudulent seller, I must consider whether such a revelation may be viewed as an interference with his business expectancy or whether I could be considered an intentional nuisance, or cause the fraud emotional distress.

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Posted By: Frank Wakefield

For starters, Leon, I think you perform excellently as you moderate this board. Thanks.

Secondly, being a lifelong unintentional nuisance, and recognizing several fellow unintentional nuisances, it seems that 230 protects you from us.

What has always amazed me is the way folks (especially kids) blindly believe whatever they see on the net. Seems that the drafters of 230 were mindfull of that.

I am still displeased over treatment I received about 2 years ago from SportsCards Plus out in California. (There, I didn't lie about them, I told the truth about me.) And since then I've occasionally seen cards on eBay I was after, only to see who the seller was, so I refrained from bidding. If I were to explain why I was treated unfairly, I think all of these guys would understand. And if I was way out in left field, wrongfully upset with those guys, unfairly wearing them out on this board, THEN section 230 protects Leon, and deservedly so.

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Posted By: Rick

230 might shield Leon from anything we say...and thats a really good thing ...but it doesnt mean that he couldnt get into some legal trouble.

An overly sensitive company could still give him a hard time... even if there are no penalties, it could still cause him a lot of grief and lots of wasted time.

Its highly unlikely any company would go to the trouble of harrasing Leon..but still...being a moderator its not a job i would want.

Even though we dont agree on everything, I think you do a really good job at moderating with a gentle hand.

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Posted By: John Spencer

As many might remember, Full Count Baseball via Mike Williams and myself hosted the predecessor board but had to close it when some of the exchanges between contributors grew totally out of hand. I sought legal advise and was told that while it was highly unlikely that I or the company would be drawn into any litigation, it was still a possibilty that I could be named as a co-defendant on the grounds I provided the forum where possible libel or slander occurred. Of course, with so many more bloggers on the scene these days this new statute probably would preclude such a possibility.