Section 230 of the Communications Decency Act: A Survey of the Legal Literature and Reform Proposals

  title={Section 230 of the Communications Decency Act: A Survey of the Legal Literature and Reform Proposals},
  author={Joel R. Reidenberg and Jamela Debelak and Jordan Kovnot and Tiffany Miao},
The goal of this study is to identify the trends in the legal literature and reform proposals surrounding Section 230 of the Communications Decency Act. This study sets forth a survey and analysis of the legal and policy landscape and seeks to be a comprehensive, objective resource designed to assist scholars and policy-makers in their search for materials addressing the purpose and substance of the statutory provision. The study does not take any position on the wisdom, implementation or… Expand
Dealing with Disinformation: Evaluating the Case for Amendment of Section 230 of the Communications Decency Act
=3067552 Pasquale, F., & Bracha, O. (2007). Federal Search Commission? Access, fairness and accountability in the law of search. SSRN. abstract=1002453 Paul, C., & Courtney,Expand
Online Harassment, Defamation, and Hateful Speech: A Primer of the Legal Landscape
This interdisciplinary project focused on online speech directed at women and seeks to provide a primer on (i) what legal remedies, if any, are available for victims of sexist, misogynist, orExpand
Conclusion: The Challenges and Opportunities for Social Media Research
We began this volume by noting the relationship between basic research on the impact of social media and politics and the open policy questions concerning social media regulation. The precedingExpand
Online Hate Speech
Once relegated to the dark corners of the Internet, online hate speech has become increasingly visible on mainstream social media platforms. From targeted antiSemitic attacks on Jewish journalists toExpand
Social Media, Echo Chambers, and Political Polarization
A popular argument that is commonly put forth as an explanation linking digital technologies to political polarization is related to their ability to foster the emergence of echo chambers whereExpand
Facts and Where to Find Them: Empirical Research on Internet Platforms and Content Moderation
Reliable information about platforms’ content removal systems was, for many years, hard to come by. But data and disclosures are steadily emerging as researchers focus on the topic and platforms rampExpand


Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act
In the thirteen years since its enactment, section 230 of the Communications Decency Act has become one of the most important statutes impacting online speech, as well as one of the most intenselyExpand
Does the Communications Decency Act Foster Indecency?
A convergence of forces and judicial decisions is narrowing the broad safe harbor of immunity that Section 230 of the Communications Decency Act has provided during the Internet's growth. ThisExpand
An Interpretive Framework for Narrower Immunity Under Section 230 of the Communications Decency Act
Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability soExpand
Rethinking the Communications Decency Act: Eliminating Statutory Protections of Discriminatory Housing Advertisements on the Internet
I. INTRODUCTION II. THE COMMUNICATIONS DECENCY ACT A. Pre-CDA B. CDA as Congressional Response C. The CDA and the Internet III. THE FAIR HOUSING ACT IV. CRAIGSLIST A. Decision B. Life AfterExpand
A Safe Harbor Against Lawsuits
The Communications Decency Act (CDA) was the first major attempt by Congress to regulate content on the Internet. It is largely known for its efforts to outlaw indecent and obscene speech on theExpand
Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation
Almost every day brings reports that Congress is considering new cyberspace-targeted laws and the courts are deciding novel cyberspace legal questions. These developments lend urgency to the questionExpand
Relative Access to Corrective Speech: A New Test for Requiring Actual Malice
This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscapeExpand
Despite a Perfect 10, What Newspapers Should Know About Immunity (and Liability) for Online Commenting
Much recent scholarship has focused on the right of publicity’s connection to intellectual property law. This relationship is no more apparent and significant than under the Communications DecencyExpand
Poised on the Precipice: A Critical Examination of Privacy Litigation
A collection of factors has caused the United States to be poised on the precipice of a new wave of litigation - litigation arising from the improper use or collection of information. Public concernExpand
Drop-down Lists and the Communications Decency Act: A Creation Conundrum
The Internet is a vast medium for expressing ideas, expanding commerce, and exchanging information of all kinds. In addition to these socially beneficial activities, the Internet providesExpand