Courthouse News,4/30/19: Gun Broker Website Cleared in Wisconsin Shooting
[see preceding post for background]
Quote...in the state high court’s 32-page majority decision Tuesday, Chief Justice Patience Roggensack wrote that as an interactive computer service provider, or Armslist is protected from liability “because all of Daniel’s claims for relief require Armslist to be treated as the publisher or speaker of information posted by third parties” on its website. ...
The [Communications Decency Act]’s provisions are at the heart of the high court’s decision. Roggensack said that in enacting the CDA,“Congress sought to prevent state and federal laws from interfering with the free exchange of information over the internet” and in specific on sites like Armslist, which she defined as “a classified advertising website similar to Craigslist.”
...
Roggensack cited recent CDA-related orders that have protected social media sites like Facebook and apartment-rental sites from being held responsible for illegal content published by third parties using their “neutral tools, or ” stating that “whether a website’s design features can be used for lawful purposes,the CDA immunizes the website operator from liability when third parties consume them for unlawful purposes.”
Roggensack pointed out that there is no good faith requirement for sites like Armslist, so “the issue is not whether Armslist knew, and should have known,that its site would be used by third parties for illegal purposes,” but rather “whether Armlist was an information content provider, and ” with respect to the ad that Haughton responded to,which it was not. ...
Source: thesurvivalpodcast.com