What is the significance of the Communications Decency Act of 1996?
The CDA prohibited any individual from knowingly transmitting “obscene or indecent” messages to a recipient under the age of 18. It also outlawed the “knowing” display of “patently offensive” materials in a manner “available” to those under 18.
Why was the Communications Decency Act unconstitutional?
American Civil Liberties Union (Reno II) In 1997, the Supreme Court upheld the District Court decision, stating that the Communications Decency Act (CDA) is unconstitutional on its face, because it is so vague and overbroad that it violates the First Amendment.
What does section 230 actually say?
Section 230(c)(2) provides immunity from civil liabilities for information service providers that remove or restrict content from their services they deem „obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected“, as long …
What is Section 230 of the 1996 Communications Decency Act?
Section 230 says that „No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider“ (47 U.S.C. § 230).
Does Section 230 protect users?
Section 230 says that „No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.“ This federal law preempts any state laws to the contrary: „[n]o cause of action may be brought and no liability may be imposed …
Is Section 230 A federal law?
State laws cannot override Section 230 protections. The federal statute explicitly states that Section 230 preempts state law. However, Section 230 does not apply in foreign jurisdictions. Almost all foreign jurisdictions have no similar immunity law for online, third-party material.