United States: Some Interesting CDA Section 230 Developments: A Novel FCRA Victory, A …

To print this article, all you need is to be registered or login on Mondaq.com. In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform. These include a novel application of CDA in a FCRA online privacy case (Henderson v. The Source for Public Data, No. 20-294 (E.D. Va. May 19, 2021)) and the denial of CDA immunity in another case involving an alleged design defect in a social media app (Lemmon v. Snap Inc., No. 20-55295 (9th Cir. May 4, 2021), as well as the uncertainties surrounding a new Florida law that attempts to regulate content moderation decisions and user policies of large online platforms. Florida’s SB 7072 On May 24, 2021, the Florida governor signed a bill (SB 7072) that, among other things: prohibits large “social media platforms” (i.e., over 100 million global monthly users) from willfully deplatforming Florida political candidates, bars any action to shadowban or deplatform a “journalistic enterprise” based on the content of its publications, and prohibits deplatforming or limiting access to a user’s posting without first giving notice and offering…
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