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Perspective

Jul. 7, 2009

Courts Split Over Exception to Communications Decency Act

A split between circuit courts is developing over an exception to the Communications Decency Act, writes David D. Johnson.

By David D. Johnson

The Communications Decency Act has traditionally been interpreted by the courts to provide "immunity" from a broad class of lawsuits for operators and users of interactive computer services for publishing information provided by a third party. There are, however, limitations to this protection. An exception to "immunity" under the act that is creating a widening conflict between the courts is the provision stating t...

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