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
Date Written: February 6, 2017
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
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