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Strategies & Market Trends : Pluvia's Fist.com - Pluvia's Plays & Portfolio
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To: TeamTi who wrote (940)8/24/2000 9:50:11 PM
From: Smartypts  Read Replies (1) of 1766
 
I still think it can/should be tested with SI. Here's why: 230 deals with issues of editorial discretion. Si has discretion as evidenced by removing poster who post inappropriate language, address, personal phone #'s etc... They also are specifically advertising as a financial site as evidenced by there front page marketing. Zeran v. AOL delt with 3rd party issues whereas Si has responded to 3rd party complaints quickly as evidenced by SI BOB appearing on the "Arm chopping issue" within 24 hrs and which puts them in a different category regarding the term "service provider". Also SI charges a fee and requires detailed information when signing up. They are in a different category.

I think a good attorney could get around 230 here. Just my opinion.

The relevant portion of § 230 states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." 47 U.S.C. § 230(c)(1).2 By its plain language, § 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third- party user of the service. Specifically, § 230 precludes courts from entertaining claims that would place a computer service provider in a publisher's role. Thus, lawsuits seeking to hold a service provider liable for its exercise of a publisher's traditional editorial functions - - such as deciding whether to publish, withdraw, postpone or alter content - - are barred
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