- Click here for it.
In a 2020 statement respecting the denial of certiorari in Malwarebytes Inc. v. Enigma Software Group USA, LLC, Justice Clarence Thomas wrote that “in an appropriate case, we should consider whether the text of this increasingly important statute aligns with the current state of immunity enjoyed by Internet platforms.” Thomas was referring to Section 203(c)(1) of the Communications Decency Act, which states: “No provider or user of an interactive computer service shall be treated as the publisher of or speaker of information provided by another information content provider.” Congress passed this law in 1996 after a New York court held an internet service provider liable for a defamatory statement posted on the website’s message board. “And in the 24 years since,” Thomas wrote in Malwarebytes, the justices “have never interpreted this provision. But many courts have construed the law broadly to confer sweeping immunity on some of the largest companies in the world.”
- Click here for more on Gonzalez v Google.
Issue: Whether Section 230(c)(1) of the Communications Decency Act immunizes interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limits the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information.
- Click here for the petition for a writ of certiorari.
