During Tuesday’s Joint Senate Committee hearing, as Mark Zuckerberg kept promising to take better control over content on Facebook, Senator Ted Cruz (R-TX) asked the CEO point blank if the site is a neutral platform or a publisher. Cruz acknowledged the company’s right to act as a publisher but also alluded to the fact that its liability protection under Section ...

This refrain keeps playing over in my head lately:  The EFF and its sister organizations are to cyberlaw as the NRA is to rational gun policy in America.  That seems like a pretty harsh thing to say about a bunch of progressives (and one must even include the ACLU in this discussion), but in the context of policy debate, the ...

  Photo by Pond5. Christopher Zara, writing for Backchannel, offers an excellent discussion about Section 230 of the Communications Decency Act of 1996.  He provides historical context and a balanced presentation of the challenges that have arisen from the differences between the law’s intent and its application. “Given how often Section 230 is championed, cited, and showered with superlatives, you ...

Online service providers (OSPs) are generally shielded by two major statutes from liabilities that may stem from the content uploaded by users of their platforms.  Section 512 of the DMCA (1998) provides the conditions under which an OSP may avoid liability for copyright infringement, and Section 230 of the Communications Decency Act (1996) covers just about every other kind of ...

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