Jenner & Block

“Don’t Sue The Messenger: The Limits Of Online Tort Liability,” Los Angeles Daily Journal

In this article by Jenner & Block Partner Christopher C. Chiou and Associate  L. David Russell, the authors examine the California courts’ application of the immunity provisions of the federal Communications Decency Act (CDA) to website operators, Internet Service Providers, social media sites and others who provide access to third-party content, in cases where a cyber-tort has been committed.  Citing examples of both state and federal court decisions, Messrs. Chiou and Russell conclude that, generally, in California, those who merely facilitate access to online content, as opposed to the content creators, themselves, enjoy broad protection under the CDA for other parties’ misconduct.  However, they caution that “as websites become more complex and interactive, website operators should ensure that they are not actively soliciting unlawful third-party content.”  Summer Associate Alex Smith assisted in the preparation of the article.