Pointer to resources on online defamation law
Eric Goldman points us to a terrific resource on online defamation law -- an article entitled Wikimunnity and spreadsheet summarizing the relevant case law on 47 USC 230, the Communications Decency Act. Both were authored by Ken Myers through the Harvard Berkman Center. Eric also has a related post relating to online community rating systems.
Section 230 provides:
"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." [Section 230(c)(1)]
It preempts any state to the contrary: "[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." [Section 230(e)(3)]
But it does not protect online service providers from liability relating to intellectual property: " Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property." [Section 230(e)(2)]
The EFF also has these useful resources on online defamation and Section 230.
Btw Eric has also posted about his fall cyberlaw class at Santa Clara -- the syllabus is a helpful review of legal developments in the past year -- we're glad to have him back here in Silicon Valley!
Cathy Kirkman is a partner at Wilson Sonsini Goodrich & Rosati in Palo Alto, California. Her practice focuses on intellectual