Perry F. Sofferman - PERRY F. SOFFERMAN, P.A.

Communications Decency Act

Section 230 of the Communications Decency Act – What is It?

The Communications Decency Act of 1996 (CDA) is the manifestation of Congress’s first attempt to regulate pornography on the internet.  Congress’s attempt was dealt a severe set back in 1997, however, when the U.S. Supreme Court struck down the Act’s key anti-indecency provision in the case ofReno v. ACLU.
Nevertheless, the CDA is an important Act for those involved with online publishing because Section 230 of the Act grants Internet Service Providers (ISPs) fairly broad immunity for violations of law that may exist as a result of content uploaded to the site, whether the site be a blog, social media platform or other type of online vehicle for content distribution.

Amending Communications Decency Act Might Be...Indecent

Eric Goldman, a Forbes contributor and Professor of Law at Santa Clara Law, wrote a wonderfully thought provoking piece on the upcoming attempt by state attorneys general to have Congress amend Section 230 of the Communications Decency Act.  While you might not agree with all of the points made by Professor Goldman, you have to be taken by the thoughtfulness and breadth of concerns he manages to catalog in his opinion piece.
It has been reported that state attorneys general wish to have Section 230 amended so as to ease the way for more prosecutions of operators of user generated content sites whose users take advantage of those sites to advance enterprises that are illegal in that state (e.