4 ms·

I read the decision. -> https://cases.justia.com/federal/appellate-courts/ca3/22-3061/22-3061-2024-08-27.pdf?ts=1724792413 https://cases.justia.com/federal/appe

I read the decision. -> https://cases.justia.com/federal/appellate-courts/ca3/22-3061/22-3061-2024-08-27.pdf?ts=1724792413 https://cases.justia.com/federal/appellate-courts/ca3/22-306... Judge Matey's basic point of contention is that Section 230 does not provide immunity for any of TikTok's actions except "hosting" the blackout challenge video on its server. Defining it in this way may lead to a tricky technical problem for the courts to solve... While working in web, I understand "hosting" to mean the act of storing files on a computer somewhere. That's it. Is that how the courts will understand it? Or does their definition of hosting include acts that I would call serving, caching, indexing, linking, formatting, and rendering? If publishers are liable for even some of those acts, then this takes us to a very different place from where we were in 1995. Interesting times ahead for the industry.

itsdrewmiller 2y ago
You're reading it too literally here - the CDA applies to: >(2) Interactive computer service The term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
- tboyd47 2y ago
  What definition of "hosting" do you think the courts would apply instead of the technical one?
  - jen20 2y ago
    I’d imagine one that reasonable people would understand to be the meaning. If a “web hosting” company told me they only stored things on a server with no way to serve it to users, I’d laugh them out the room.
    - tboyd47 2y ago
      Good point
  - itsdrewmiller 2y ago
    "hosting" isn't actually used in the text of the relevant law - it's only shorthand in the decision. If they want to know what the CDA exempts they would read the CDA along with caselaw specifically interpreting it.
    - tboyd47 2y ago
      True

itsdrewmiller 2y ago

You're reading it too literally here - the CDA applies to: >(2) Interactive computer service The term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.

tboyd47 2y ago
What definition of "hosting" do you think the courts would apply instead of the technical one?
- jen20 2y ago
  I’d imagine one that reasonable people would understand to be the meaning. If a “web hosting” company told me they only stored things on a server with no way to serve it to users, I’d laugh them out the room.
  - tboyd47 2y ago
    Good point
- itsdrewmiller 2y ago
  "hosting" isn't actually used in the text of the relevant law - it's only shorthand in the decision. If they want to know what the CDA exempts they would read the CDA along with caselaw specifically interpreting it.
  - tboyd47 2y ago
    True