[Politech] Paul Levy on Ninth Circuit, CDA, and online publisher liability [fs]

From: Declan McCullagh (declan@private)
Date: Thu Dec 04 2003 - 12:05:15 PST

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    Date: Thu, 04 Dec 2003 10:08:41 -0500
    From: "Paul Levy" <PLEVY@private>
    To: <declan@private>
    Subject: Batzel v. Cremers rehearing petition finally denied
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    What's important to remember here is that although the three dissenters
    charge the majority of going too far, EVERYBODY here accepts the basic
    Zeran rule that the the provider of a bulletin board or interactive
    email list is immune from libel suit etc under the CDA.
    
    I do think that folks who run "moderated listserv's" are out of the
    woods yet, though, expecially those like yourself who pick and choose
    their material.  Ron Gould's arguments are very powerful and they may
    well pick up sympathetic judges in other circuits.
    
    
    
    9TH CIRCUIT DENIES REHEARING IN BATZEL V. SMITH
    The 9th Circuit Court of Appeals has denied an application
    for a re-hearing in the Batzel v. Smith case, which involves
    the application of the intermediary statutory immunity
    provided by the CDA s. 230.  Several judges dissented from
    the opinion, arguing that the interpretation is wrong in
    light of Congress's intent and that it will harm persons
    defamed on the Internet.  Decision at
    http://caselaw.lp.findlaw.com/data2/circs/9th/0156380pv2.pdf
    
    Paul Alan Levy
    Public Citizen Litigation Group
    1600 - 20th Street, N.W.
    Washington, D.C. 20009
    (202) 588-1000
    http://www.citizen.org/litigation/litigation.html
    
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