4 ms·
> If an internet service refuses to take down content that really violates some person's rights, a lawsuit against the internet service which generates an order
by makomk 10y ago
> If an internet service refuses to take down content that really violates some person's rights, a lawsuit against the internet service which generates an order directed against that service to remove the material is always an available means for a mandatory take down, that isn't in dispute.
Thanks to Section 230 of the CDA, it actually isn't an available means for a take down in cases where the content was posted by someone else. The reason this kind of third-party injunction is so important is because it's currently the only way to force uncooperative internet providers to take down defamatory content originally written and posted by someone else, some of which don't let the original author remove it. From what I can tell Eugene Volokh wants these websites to have their cake and eat it: he thinks they should have immunity from being sued to remove user-submitted content on the basis that they may not be treated as authors of it, and also immunity from being forced to take down the content in lawsuits against the original author because they must be treated as authors too.