Under Fire: The Front Lines of Recent Section 230 Battles

During the past year or so, a number of court decisions have chipped away at the protection of Section 230. Recently, courts have appeared receptive to claims that fall outside the usual ambit of publishing torts, where, e.g., a duty to warn was alleged (Doe v. Internet Brands), or where an online marketplace site takes a share of an unlawful transaction (Airbnb v. San Francisco). California’s Supreme Court will soon consider whether platforms can be forced to remove content based on a third-party default judgment (Hassell v. Bird); in the lower courts, California’s prosecution of Backpage.com executives continues (State v. Ferrer); and another recent trend: social media sites are increasingly seeing suits brought under anti-terrorism statutes by terror victims who claim tech companies are responsible for extremists’ use of platforms. Our expert panel will review the current landscape of Section 230 litigation, and highlight areas of concern for the coming years.

Panelists:
Makesha Patterson, Senior Litigation Counsel, Google Inc. (Moderator)
Patrick J. Carome, Partner, Wilmer Cutler Pickering Hale and Dorr LLP
Ambika Doran, Partner, Davis Wright Tremaine LLP
Aaron Schur, Senior Director of Litigation, Yelp, Inc.
Brian M. Willen, Partner, Wilson Sonsini Goodrich & Rosati, PC

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