Malicious Content on the Internet: Narrowing Immunity Under the Communications Decency Act

Authors

Joanna Schorr

Document Type

Note

Abstract

(Excerpt)

This Note argues that the scope of CDA § 230, which provides immunity to Internet Service Providers in defamation suits for content posted by third-party users, should be narrowed in circumstances where a website actively solicits malicious content from its users. Part I discusses gossip websites and blogs that are currently immunized by § 230 and analyzes social issues that result from the broad interpretation of the CDA. Part II briefly discusses the law of defamation, followed by a discussion of the policies behind the CDA’s enactment, and the statute’s current scope in regard to defamation suits. Part III analyzes the flaws of the different approaches currently employed by the courts to determine whether a website qualifies for § 230 immunity. Part IV argues that removing websites that solicit malicious content from the scope of the CDA will better uphold the core policies behind its enactment.