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Section 230 specifically does not apply to federal criminal liability and the circuits are currently (sort of) split about whether a platform could be held resp
by elliekelly 6y ago
Section 230 specifically does not apply to federal criminal liability and the circuits are currently (sort of) split about whether a platform could be held responsible in this situation.
The 9th Circuit ruled Sec. 230 did not shield a platform from civil liability arising from their “failure to warn” a potential victim of a violent crime. Meanwhile, the 2nd Circuit found Sec. 230 did protect Facebook from civil liability for hosting terrorism-related content.
And both of those were civil cases. In the context of potential criminal liability Sec. 230 couldn’t even be raised.