Repu-taing Sites And The Limits Of § 230 Immunity

摘要

Simply put, the Internet has made us all susceptible to public scrutiny and shame. Whether or not we participate in online life, technology makes us all public figures in a way that had never been anticipated by privacy law, the First Amendment, or the CDA. Repu-tainting is an online business model that profits from the solicitation of tortious information. Limited case law combined with strong public policy promoting the Internet as a free marketplace of ideas has resulted in expansive interpretations of the CDA's safe harbor. This broad interpretation would presumptively grant immunity to repu-taint sites. In dicta, Roommates.com indicates that § 230 immunity is neither unlimited nor automatic when ISPs actively encourage illegal or tortious postings. Going forward, both courts and ISPs will certainly benefit from a framework for analyzing whether an ISP's behavior constitutes developing information.