[LINK] UCS v. Lycos and free speech on the Internet
Roger Clarke
Roger.Clarke at xamax.com.au
Thu Mar 1 09:20:59 AEDT 2007
[Contrary to current directions in Australia, the US courts have
confirmed that those who facilitate free speech are immune from the
consequences of abuse of the freedom of speech by others. (Those who
abuse the freedom may suffer the consequences of course; but even
the much-maligned CDA conforms with the principle of holding the
originator liable but not the messenger)]
UCS v. Lycos and free speech on the Internet
Wednesday, February 28 2007 @ 02:43 PM EST
http://www.groklaw.net/article.php?story=20070228034357766
Plaintiffs Universal Communication Systems, Inc. and its chief
executive officer, Michael J. Zwebner, (collectively, "UCS") brought
suit, objecting to a series of allegedly false and defamatory
postings made under pseudonymous screen names on an Internet message
board operated by Lycos, Inc. UCS identified two of the screen names
as having been registered to Roberto Villasenor, Jr. UCS sued not
only Villasenor and the other posters of messages, as John Does, but
also Lycos and Terra Networks, S.A., Lycos's corporate parent at the
time of the postings in question.
In Section 230 of the Communications Decency Act (CDA), 47 U.S.C. §
230, Congress has granted broad immunity to entities, such as Lycos,
that facilitate the speech of others on the Internet. Whatever the
limits of that immunity, it is clear that Lycos's activities in this
case fall squarely within those that Congress intended to immunize.
UCS attempted to plead around this Section 230 statutory immunity by
asserting that Lycos did not qualify for immunity and that UCS's
claims fell within certain exceptions to that immunity. The district
court rejected these arguments and dismissed the claims against Lycos
and Terra Networks for failure to state a claim. We agree and affirm
the dismissals, joining the other courts that have uniformly given
effect to Section 230 in similar circumstances.
--
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
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