-Caveat Lector-
It was hard to tell what this means, but I looked up some related info. It
looks like Aquino has no case. (Go Curio Jones!)
http://www.ldrc.com/cyber1.html
snips
Section 230 effectuates Congress's goals through three key operative
provisions. The most significant part of the statute, Section 230(c)(1),
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.
This section generally immunizes service providers from liability for
third-party content.
Another provision of the statute, Section 230(c)(2), provides additional
explicit protection for Good Samaritan actions by service providers, such as
those at issue in Stratton Oakmont:
[n]o provider . . . of an interactive computer service shall be held liable
on account of [] any action voluntarily taken in good faith to restrict
access to or availability of material that the provider . . . considers to be
obscene, lewd, lascivious, filthy, excessively violent, harassing, or
otherwise objectionable . . . .
This provision makes clear that a service provider may not be held liable for
engaging in any good faith action or program to exclude unlawful or
objectionable content from its service or to limit access to such content.
Finally, Section 230(d)(3) makes clear that any state-law causes of action
inconsistent with the statute are barred:
Nothing in this section shall be construed to prevent any State from
enforcing any State law that is consistent with this section. No cause of
action may be brought and no liability may be imposed under any State or
local law that is inconsistent with this section.
--------
Samantha <~~ who only hopes she understood this correctly
In a message dated 10/3/00 11:10:27 PM Central Daylight Time,
[EMAIL PROTECTED] writes:
> Aquino v. Electriciti Inc., 26 Med. L. Rptr. 1032
> (Cal. Superior Crt., San Francisco City and County, Sept. 23, 1997)
>
> In this case, the Court, following Zeran v. America Online, Inc., 958 F.
> Supp. 1124 held that the Communications Decency Act preempts state law
> claims against defendant ISP for negligence, breach of contract,
intentional
> infliction of emotional distress, alter ego liability, injunctive relief
and
> violation of civil rights arising from IPS's distribution of material
> written by another that contained derogatory comments about plaintiffs,
> including that they were the "ring leaders" of an "international
conspiracy"
> to further "Satanic Ritual Abuse" of children. Said the court:
> Plaintiffs' causes of action are preempted by Section 230 of the
> Communication Decency Act of 1996 and Zeran v. America Online, Inc., 958 F.
> Supp. 1124.=20
> =20
> =A9 Copyright 1997-2000 Martin H. Samson All rights Reserved.
> Disclaimer=20
>
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