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Acting on Carafano’s instructions, Perry contacted Matchmaker and demanded that the profile be removed immediately. § 230(c)(1) after finding that the company provided part of the profile content. Interactive computer services have millions of users.
The Matchmaker employee indicated that she could not remove the profile immediately because Perry herself had not posted it, but the company blocked the profile from public view on Monday morning, November 8. The court rejected Matchmaker’s argument for immunity under 47 U. The amount of information communicated via interactive computer services is therefore staggering.
(New members were permitted to post “trial” profiles for a few weeks without paying.) The posting was without the knowledge, consent or permission of Carafano.
The profile was listed under the identifier “Chase529.” Carafano is a popular actress.
At AM the following morning, Matchmaker deleted the profile. The specter of tort liability in an area of such prolific speech would have an obvious chilling effect.
Alarmed, she contacted the police the following day. We recently considered whether § 230(c) provided immunity to the operator of an electronic newsletter who selected and published an allegedly defamatory e-mail over the Internet. We held that the online newsletter qualified as an “interactive computer service” under the statutory definition and that the selection for publication and editing of an e-mail did not constitute partial “creation or development” of that information within the definition of “information content provider.” Although the case was ultimately remanded for determination of whether the original author intended to “provide” his e-mail for publication, id.
The defendants removed the case to federal district court. Faced with potential liability for each message republished by their services, interactive computer service providers might choose to severely restrict the number and type of messages posted.
The district court granted the defendants’ motion for summary judgment in a published opinion. Congress considered the weight of the speech interests implicated and chose to immunize service providers to avoid any such restrictive effect.
Matchmaker was not responsible, even in part, for associating certain multiple choice responses with a set of physical characteristics, a group of essay answers, and a photograph. In that case, the plaintiffs alleged that e Bay “was an information content provider in that it was responsible for the creation of information, or development of information, for the online auction it provided through the Internet.” Id. Specifically, the plaintiffs noted that e Bay created a highly structured Feedback Forum, which categorized each response as a “Positive Feedback,” a “Negative Feedback,” or a “Neutral Feedback.” Id. The statute would still bar Carafano’s claims unless Matchmaker created or developed the particular information at issue. Y cita jurisprudencia del fuero civil que aun en casos que involucraban a funcionarios públicos, habría otorgado tutela judicial frente a lesiones al buen nombre y honor.
Matchmaker cannot be considered an “information content provider” under the statute because no profile has any content until a user actively creates it. In addition, e Bay provided a color coded star symbol next to the user name of a seller who had achieved certain levels of “Positive Feedback” and offered a separate “Power Sellers” endorsement based on sales volume and Positive Feedback ratings. The court concluded that § 230 barred the claims: Appellants’ negligence claim is based on the assertion that the information is false or misleading because it has been manipulated by the individual defendants or other co-conspiring parties. As the Gentry court noted, [T]he fact appellants allege e Bay is an information content provider is irrelevant if e Bay did not itself create or develop the content for which appellants seek to hold it liable. In this case, critical information about Carafano’s home address, movie credits, and the e-mail address that revealed her phone number were transmitted unaltered to profile viewers. “The term ‘information content provider’ means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U. 3°) Así planteada la cuestión, conviene recordar que antes de ahora esta Sala ha resuelto que, como regla, para poder juzgar si un sitio de Internet lesiona derechos personalísimos del peticionario, es menester examinar su contenido (conf.
Unaware of the improper posting, Carafano soon began to receive messages responding to the profile.