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The EFF has a good page on CDA 230 here [0]. The relevant court cases are the 1991 case 'Cubby, Inc. v. CompuServe, Inc' [1] and 1995's 'Stratton Oakmont, Inc.
by DuskStar 7y ago
The EFF has a good page on CDA 230 here [0]. The relevant court cases are the 1991 case 'Cubby, Inc. v. CompuServe, Inc' [1] and 1995's 'Stratton Oakmont, Inc. v. Prodigy Servs. Co.' [2]. In 'Cubby', CompuServe was found to have no liability for content hosted on their site as they did no moderation themselves, had no knowledge of specific content on their site, and were thus not a publisher. In 'Prodigy', Prodigy Services was found to have liability as their moderation practices were judged to make them the publisher of the content.
CDA 230 was the legislative response to this, allowing companies to not assume liability for moderating content.
0: https://www.eff.org/issues/cda230/legislative-history https://www.eff.org/issues/cda230/legislative-history
1: (https://en.wikipedia.org/wiki/Cubby,_Inc._v._CompuServe_Inc. https://en.wikipedia.org/wiki/Cubby,_Inc._v._CompuServe_Inc.)
2: (https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prodigy_Services_Co. https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prod...)