Is the breadth of CDA immunity for interactive computer service providers

QUESTIONS PRESENTED 1. Is the breadth of Communications Decency Act (“CDA”) immunity that “if aln] [interactive computer service provider, “ICSP”] unknowingly leaves up illegal third-party content, it is protected from publisher liability by § 230(c)(1); and if it takes down certain third-party content in good faith, it is protected by § 230(c)(2)(A)”? SCJ Thomas’ Statement in Malwarebytes, Inc. v. Enigma Sottware Group USA, LLC, No. 19-1284, at 3-4 (Oct. 13, 2020), App.315a. 2. Is an ICSP (Facebook, Inc., “Facebook”) CDA immune where someone (Jason Fyk, “Fyk”) seeks to hold the ICSP liable for its “own misconduct,” rather than for acting “as the publisher or speaker’ of [his] content ... [or] for removing content in [bad] faith?” Id. at 9, App.322a (emphasis added); see also id. at 46, App.317a-318a. 3. Does the CDA text require an ICSP’s “in whole or in part” development of “the publisher’s” content to be “substantial” / “material” to render the ICSP a (f)(3) information content provider (“ICP”) ineligible for CDA immunity? Jd. at 6, App.319a. 4. Does (c)(1) “protect any decision to edit or remove content,” “evisceratling] the narrower [(c)(2)(A)] liability shield Congress included in the statute”? Jd. at 7-8 (emphasis in original), App.319a-320a. 5. If an ICSP develops, even in part, “the” publisher’s content with an anti-competitive animus, is the ICSP acting as a “Good Samaritan” eligible for CDA immunity? ii LIST OF PROCEEDINGS United States Court of Appeals for the Ninth Circuit No. 19-16232 Jason Fyk, Plaintiff Appellant, v. Facebook, Inc., Defendant-Appellee. Date of Final Opinion: June 12, 2020 Date of Rehearing Denial: July 21, 2020 United States District Court for the Northern District of California No. C 18-05159 JSW Jason Fyk, Plaintiff, v. Facebook, Inc., Defendant. Date of Final Order: June 18, 2019 Pursuant to Supreme Court Rule 14.1(b)(Gii), undersigned counsel hereby attests that there is no “proceeding ... arisling] from the same trial court case as the case in this Court.” Jd.