Talk:Carafano v. Metrosplash.com, Inc.

message: I just purged a lot of unsourced original research in this article which violated Wikipedia policies like Wikipedia:No original research.  The worst was the link to a CNN article on Ninth Circuit judicial activism in the Establishment Clause area to support an assertion about Ninth Circuit judicial activism in the Freedom of Speech Clause area, which makes no sense.  The two freedoms are related only because they are in the same constitutional amendment, but that alone is the full extent of their connection; their jurisprudence has evolved separately. --Coolcaesar 03:33, 7 August 2006 (UTC)
replies: text: Good work. Your name is well deserved. bd2412 T 04:02, 7 August 2006 (UTC)
thread_title: Purging original research

message: The article stated, "It should be noted that the applicable section of the CDA was originally intended to apply to obvious "interactive computer services" such as America Online. The courts have expanded that definition to include sites such as Matchmaker which would, on the surface, not appear to meet Congress's intended definition of "interactive computer service." This is quite controversial. Due to excessive legal bills and the wear-and-tear of fighting her case for years, however, Masterson ceded defeat and made the decision not to request a writ of certiorari from the U.S. Supreme Court."
This is a faulty legal analysis. At the time the CDA was adopted, services like Matchmaker and eBay did not exist. Without exception, when this sort of matter has been tested before an appellate court, said court has affirmed that 47 230(c)(1) protection applies to a service provider where that provider has no control over content before it appears online. While this application may be controversial, it is nonetheless uniform and accepted law. Until and unless it is amended by Congress or overturned by the USSC -- and no appeals are presently before the court -- it's accepted law.
I have, accordingly, revised the article.207.69.138.10 17:53, 27 October 2006 (UTC)
thread_title: Removing incorrect legal analysis

message: Just some user feedback: I've read several paragraphs many times, and I still don't understand them. And some of what I think to understand contradicts each other. Please, somebody who knows his or her way around in this, rephrase and restructure.----178.199.97.81 (talk) 16:36, 2 August 2015 (UTC)
replies: text: Ah, this complaint is very general - can you be more specific? BMK (talk) 02:47, 3 August 2015 (UTC)
thread_title:  this is ONE confusing article 

message: See section above about the phrasing "The applicable section of the CDA was originally designed to apply to obvious "interactive computer services" such as America Online. Since its original passage, however, numerous courts have expanded that definition to include sites such as Matchmaker and eBay, regardless of whether or not the service provider has the ability to control or edit content before it appears online."
It was improved sometime between 2006 and today, but it is still misleading. The phrasing as it was implies that AOL is different than other sites because it is an "obvious" interactive service. The only thing distinguishing this case from Zeran v. AOL is that Matchmaker had a multiple-choice questionnaire (and, of course, there was a sexual aspect, but that is not considered by the court or the removed graf). Fundamentally, both sites hosted user-generated content. 
Furthermore, the phrasing makes a legal conclusion about Congress's intent in passing §230 that isn't borne out in the case law. Both Carafano and Gentry v. eBay do not purport to expand the definition beyond the intent of Congress. Indeed, in Carafano, the court says, "[§230] precludes treatment as a publisher or speaker for "any information provided by another information content provider." Therefore, the court did not expand §230 but rather applied the statute to the website in the instant case. 734cpa (talk) 05:00, 18 February 2023 (UTC)
thread_title:  Removing additional incorrect legal analysis