Yasmeen Daniel, Individually and as Special Administrator of the Estate of Zina Daniel Haughton v. Armslist, LLC, et al.
Privacy
Does the Communications Decency Act, 47 U.S.C. §230's prohibition on treating providers of interactive computer services as publishers or speakers of third-party information posted on their sites, bar states from imposing civil liability on website owners or operators for their own design, content and conduct intended to facilitate and profit from tortious or criminal activity (as the Wisconsin Supreme Court, the First Circuit, and other courts have held), or does it bar only those claims that seek to impose liability on website owners or operators for third-party posts (like the Washington Supreme Court, and the Seventh and Ninth Circuits have held)?
QUESTION PRESENTED Does the Communications Decency Act, 47 U.S.C. § 230’s prohibition on treating providers of interactive computer services as publishers or speakers of thirdparty information posted on their sites, bar states from imposing civil liability on website owners or operators for their own design, content and conduct intended to facilitate and profit from tortious or criminal activity (as the Wisconsin Supreme Court, the First Circuit, and other courts have held), or does it bar only those claims that seek to impose liability on website owners or operators for third-party posts (like the Washington Supreme Court, and the Seventh and Ninth Circuits have held)?