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The rule of Zeran has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of Zeran that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in Zeran.
In January 1996, shortly after it was enacted, I wrote one of the first articles on the Good Samaritan exemption created by the Telecommunications Act of 1996 (47 U.S.C. §230(c) — popularly referred to as the Communications Decency Act (CDA)), correctly arguing that it preempted claims against interactive computer service providers and users, not merely for defamation, but for a broad array of claims. I did not, however, envision that subsection 230(c)(1) would be construed as broadly as it has been over the past two decades, or that subsection 230(c)(2) would be applied as infrequently. Indeed, when the district court and then the circuit court decided Zeran v. AOL, 129 F.3d 327 (1997), I was critical of their analytic approach, as some may remember from early articles in The Cyberspace Lawyer.
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By Alan Friel and Stephanie Lucas
The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?
Artificially Intelligent Blockchain of Things: Examining Legal Tech’s Biggest Buzzwords
By Ian Lopez
Panelists at ALM Cybersecure 2017 Delved Into the Year’s Biggest Legal Technology Buzzwords and the Hype Fueling Their Popularity
Legal technology has no shortage of buzzwords. The latest slew to take the industry by storm were the topic conversation in a Dec. 5 panel at ALM’s CyberSecure event in New York.
Internet Goods and Product Liability
By Jonathan Bick
The Internet’s value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
Ransomware: What to Do When It Happens to You
By Kiran Raj and Mallory Jensen
In the event that your company is the victim of a ransomware attack, this article provides steps to be taken as part of its response to such an incident. It is meant to be a helpful guide, but the best response generally will depend on different factors, including the scope and severity of the attack, availability of remediation measures, and business sensitivities.
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