3 ms·
The EFF has a pretty good page that outlines the cases: https://www.eff.org/issues/cda230/legislative-history https://www.eff.org/issues/cda230/legislative-hist
by ncallaway 3y ago
The EFF has a pretty good page that outlines the cases: https://www.eff.org/issues/cda230/legislative-history https://www.eff.org/issues/cda230/legislative-history
One was Cubby v. CompuServe [1], which found that an online platform was not liable as a "distributor" (which is basically an analogy to physical books, since most of the prior case-law was based on physical printed words), because they didn't review any content on the forums before it was posted.
The other was Stratton Oakmont v Prodigy [2] (which was actually a NY court case), which found that because Prodigy performed _any_ moderation, they were more akin to a publisher, which was liable for everything they published.
Taken together, the two rulings essentially meant that any site that hosted user generated content had two options:
- Perform *no moderation at all* (no deleting Nazis, pornography, spam, etc), OR
- Assume liability for *all* user generated content on the site
Also, a final note, I was actually wrong when I invoked the Supreme Court. It was a federal district court case, and a NY state court case.
[1] https://law.justia.com/cases/federal/district-courts/FSupp/776/135/2340509/ https://law.justia.com/cases/federal/district-courts/FSupp/7...
[2] https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prodigy_Services_Co.#cite_note-Stratton-1 https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prod... (I'm actually not finding the full text of the opinion online after a brief bit of searching. I've found a couple of sites that have links to it, but all are broken at the moment; I'm sure you can find it with some more digging, but I don't have time to find it atm)
- jauntywundrkind 3y agoStratton Oakmont was notably made semi super famous in their cocaine-fueled Hollywoodized Wolf of Wallstreet portrayal, making plain the pernicious S.O.B. financial worlds willingness to prey on everyone. Oh and what a shock. The courts sided with Strston Oakmont saying that online providers were liable for allowing people to discuss the merciless piece of shit bastard scum as they actually were. Just absolute shit can monstrous vile shit going on in the courts, helping the worst corporations persecute humanity with impunity. I watched the 2851 miles video recently, and honestly this whole pissing in the face of regulatory capture story seems 99% to be a problem with the useless pro-business courts, and the ability of these predator of humankind to court shop their pernicious horse-shit. The video is largely about the Telecommunications Act of 1996 failing to create competition, but it was the courts that told the FCC to give up the Congress mandate to create local loop unbundling & to give fiber & cable natural / physical monopoly. Again and again, good law is subverted in court by checks & balances which have only one representative: big money corporate interests.