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26 Words that Created the Internet - Basics of the Communications Decency Act Section 230 Safe Harbor


Level: Intermediate
Runtime: 97 minutes
Recorded Date: January 16, 2020
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Agenda


  • Understanding the history of the Communications Decency Act to understand the origins of the Section 230 safe harbor (5 minutes)
  • Details and cases highlighting different aspects of and practice points around advising on CDA 230 and litigating against those immunized by it. (70 minutes)
  • Understanding the future of CDA 230, practice points, and debates and comments related future legislation and limitations (15 minutes)

Runtime: 1 hour and 37 minutes
Recorded: January 16, 2020

Description

Section 230 of the Communications Decency Act is a little know, mostly misunderstood, but fundamental lynchpin that has created a functional and innovative internet. It is necessary to understand the broad extent as well as the narrow but meaningful limitations of CDA 230 to properly advise the operators of any website, hosting company, app, or SaaS service that accepts user submissions on the internet. Both transactional attorneys as well as litigators must understand how to interpret Section 230 such that they can use it as a sword or a shield. 

Moreover, because of the immunity it provides internet companies from wide-ranging liability, legislators are now rethinking the power it provides such that it could face potential challenges via amendments. 

This program will examine the basics of CDA 230 and its day to day affect for those who advise internet businesses as well as those who litigate against them. It will give practical guidance as to what extend internet companies can or should edit or censor the information their users contribute to their sites and to what extent those users will actually be liable. 

This program was recorded on January 16th, 2020.

Provided By

New Media Rights

Panelists

Art Neil

Founder/Executive Director
New Media Rights

Art is the founder and Executive Director of New Media Rights, and specializes in internet, intellectual property, privacy, and media law. As an adjunct professor at California Western School of Law, Art teaches Internet & Social Media Law as well as the Internet & Media Law Clinic. He writes about legal issues for creators and small businesses as a Contributor for Forbes.

Art is the author of the book Don’t Panic: A Legal Guide (in plain English) for Small Businesses and Creative Professionals which is used by universities across the country to teach legal concepts to students. He is also is the creator of the Fair Use App, which is licensed by the University of California to teach concepts surrounding fair use and content reuse to staff and faculty.

In 2011, 2013, and 2015 Art was appointed as a member of the Federal Communication Commission’s Consumer Advisory Committee, where he served as Co-chair of the Broadband Working Group. He has published numerous articles on copyright and net neutrality including in the Journal for Internet Law, the Tulane Intellectual Property Law and Technology Journal, and CEB Business Law Quarterly (a publication of the State Bar of California and the University of California), among others. He speaks regularly on his areas of expertise, and has been a speaker at the Copyright Society of the USA, the American Intellectual Property Law Association, and the California State Bar Intellectual Property conference.

Art received his J.D. from University of San Diego School of Law in 2006, and his B.A. from the College of William & Mary in 2001.

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