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Two years after the CDA was adopted, Congress plugged this hole by passing the Digital Millennium Copyright Act ("DMCA"). 1998), the court summarized the situation as follows: "Congress has provided immunity even where the interactive service provider has an active, even aggressive role in making available content prepared by others.
It provides a safe harbor from copyright liability if certain conditions are met. Interactive Computer Service Congress defined "interactive computer service" very broadly, and courts have consistently defined the term expansively. In some sort of tacit quid pro quo arrangement with the service provider community, Congress has conferred immunity from tort liability as an incentive to Internet service providers to self-police the Internet for obscenity and other offensive material even where the self-policing is unsuccessful or not even attempted." The same is true at the other end of the continuum, where the host has no involvement and declines to remove potentially offensive content.
Just when you thought it was safe to put your foot into the Internet waters, you start reading troublesome articles about potential risks and liabilities. Certainly, there are risks associated with online content, but the good news is that Congress has largely eliminated liabilities for third-party content posted on a website.
It did this in 1996 in enacting the Communication Decency Act ("CDA").
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It reads as follows: Section 230 goes on to say that "No cause of action may be brought and no liability may be imposed under any state or local law that is inconsistent with this section." This means that there is no liability for content posted online by a third party that is defamatory, offensive, violates individual rights of publicity or privacy or otherwise would trigger a claim under State law.
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