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Old 10-17-2012, 06:24 AM   #5
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Re: Communications Decency Act

Quote:
Christopher Li wrote: View Post
Without directly referring to that "other thread" that might get us sued , or even the ethics of threatening a lawsuit for simply discussing a news story, isn't AikiWeb immunized against this kind of action under the Communications Decency Act?

http://en.wikipedia.org/wiki/Section...ns_Decency_Act

I'm not suggesting that Jun do anything different - but this is the kind of thing that's liable to pop up again in the future.

Best,

Chris
Hi Chris,

To paraphrase a saying, prepare for what your enemy can do, not what you think he might do.

Now, I'm not a lawyer, didn't go to law school, and don't even play one on TV, but if you look at the law you cited, it was mostly used for ISPs until Barrett v. Rosenthal.

Barrett v. Rosenthal, which was decided in California, is very close to the situation here at Aikiweb. Going further, the Barrett v. Rosenthal decision provided that the Communications Decency Act protected individuals, not just corporations.

It's an interesting case.
http://www.citmedialaw.org/threats/barrett-v-rosenthal

However, just because it's against the law or wrong doesn't mean a lawyer will abide by that. That'd be a lot of legal defense money, time, and effort. And in the court systems, the best lawyer wins. Not worth the headache really.
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