AirBNB and the Battle between Internet Exceptionalism and Local Control of Land Use

31(3) ABA Probate & Property (May/June 2017) 36

6 Pages Posted: 8 Feb 2017 Last revised: 22 Jul 2017

See all articles by Stephen R. Miller

Stephen R. Miller

University of Idaho College of Law - Boise

Jamila Jefferson-Jones

University of Missouri at Kansas City - School of Law

Date Written: February 6, 2017

Abstract

This short article reviews the four cases brought by Airbnb against cities that were seeking to regulate land use in a manner that Airbnb argued was counter to prevailing norms of Internet exceptionalism, as codified in the Communications Decency Act section 230. The article reviews two of the cases--those against San Francisco and New York City--in depth. The article also argues against two common arguments for Internet exceptionalism as a reason to preclude local regulation: the purported impossibility of Internet companies complying with the complexity of local regulation; and the notion that commerce conducted on the Internet demands a regulation-free marketplace to be viable.

Keywords: Airbnb, sharing economy, collaborative consumption, gig economy, platform, VRBO, HomeAway, CDA230, CDA 230, Communications Decency Act, Section 230, internet exceptionalism

Suggested Citation

Miller, Stephen R. and Jefferson-Jones, Jamila, AirBNB and the Battle between Internet Exceptionalism and Local Control of Land Use (February 6, 2017). 31(3) ABA Probate & Property (May/June 2017) 36. Available at SSRN: https://ssrn.com/abstract=2912532

Stephen R. Miller (Contact Author)

University of Idaho College of Law - Boise ( email )

514 W. Jefferson St
Boise, ID 83702
United States
208-364-4559 (Phone)
208-344-2176 (Fax)

Jamila Jefferson-Jones

University of Missouri at Kansas City - School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

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