Section 230 of the Communications Decency Act: A Survey of the Legal Literature and Reform Proposals

Abstract:     
The goal of this study is to identify the trends in the legal literature and reform proposals surrounding Section 230 of the Communications Decency Act.

This study sets forth a survey and analysis of the legal and policy landscape and seeks to be a comprehensive, objective resource designed to assist scholars and policy-makers in their search for materials addressing the purpose and substance of the statutory provision. The study does not take any position on the wisdom, implementation or evolution of Section 230 nor does it take any position on the merits of the materials presented. The study’s purpose is to report on the body of information and the observable trends addressing Section 230.

As such, the study sets out the history of the passage of Section 230 and then reports on the major cases, legal scholarship and legislative reform proposals addressing Section 230. The study reports on how the statute has been interpreted by the courts and discusses the major trends in the academic literature defending and critiquing Section 230. The study also reports on legislative reform and policy debates that have arisen since the passage of the CDA.

Number of Pages in PDF File: 75

Keywords: CDA, Communications Decency Act, 230, ISP immunity, internet content provider, immunity, Zeran, Blumenthal, roommates.com, cubby, drudge, Accusearch, perfect 10, Stratton Oakmont

JEL Classification: K10, K13, K20, K42, I86

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