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Tag Archives: CDA

Website Operator Not Liable for UGC; Also, Sun Rises in the East

Last month, the Sixth Circuit ruled that website operators are not liable for content provided by others (User Generated Content or UGC) because of Section 230 immunity under the Communications Decency Act in the Jones v. Dirty World Entertainment decision.
Based on the history of the CDA, that should be no surprise. However, internet lawyers were … Continue Reading

TheDirty.com held liable despite Section 230 of the Communications Decency Act

TheDirty.com is not exactly deserving of sympathy.  Much like Playboy and Hustler pushed the boundaries of the First Amendment in the past, rumor sites like TheDirty.com are pushing the limits of Section 230 immunity for online defamation under the Communications Decency Act.
A judge and jury in Kentucky apparently have had enough.  This week, a jury … Continue Reading

Texas Leg 2013 Wrap-Up – Texas Does Not Take the Lead on Social Media Issues

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking.  We can therefore wrap-up our watch of the three bills we were monitoring.
First, bring out your dead!

HB 318/SB 118 social media passwords
A bill that would have prohibited … Continue Reading

My Open Letter to Congressman Poe on the Houston Business and Technology Roundtable

Yesterday, I had the privilege of taking part in a “Business and Technology Roundtable” with Congressman Ted Poe.  The event was put on by SEMPO, HiMA and Google and was attended by marketing firms, well-known Houston brands and small business owners.  The focus of the conversation centered on online marketing.
As the only lawyer in the room, I had to … Continue Reading

Trends for 2013 in internet and marketing law

After looking at the most popular posts from 2012 in our last edition, today we look at what are likely going to be the big trends for 2013 in internet and marketing law.  
Privacy and COPPA – Although this issue is not likely to dominate the general business population, privacy and COPPA will continue to dominate the media’s … Continue Reading

Does the Communications Decency Act Protect Human Trafficking?

The State of Texas may find out and it may be more applicable to your site than you think.  In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at stopping human trafficking.  The entire text is here.
It allows for human trafficking victims to bring … Continue Reading