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Internet Service Providers Found Immune over Posted Comments in NY

By Shari Claire Lewis

More than a decade ago, in Lunney v. Prodigy Servs. Co., 94 N.Y.2d 242 (1999), the New York Court of Appeals declined, as premature, a request to decide whether to adopt a broad interpretation of immunity for Internet Service Providers under '230 of the federal Communications Decency Act (CDA). See, 47 U.S.C. '230(c)(1). (Section 230 provides that “[n]o 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.”)

In the intervening years, Internet use has exploded so that it is almost de rigueur for businesses to host opportunities for interactive online activity ' such as blogs, bulletin boards, social media postings ' as an adjunct or aid to their core business of providing services and products. In other words, most businesses now also function as ISPs and need guidance in this area.

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