Tag Archive: AOL


EE.UU.: Green v. America Online, 318 F.3d 465 (3d. Cir. 2003)

Type of online publisher:
America Online (AOL), online chat room
Publisher’s Role in Third Party Content:
Transmitted messages between third parties
CDA § 230 applicable?:
Yes

In the Third Circuit’s first CDA § 230 case, the plaintiff sued AOL after two other AOL users sent him defamatory messages and a virus-like “punter” program through an AOL chat room. But the court ruled that the program fell within the definition of “information” provided by a third party under CDA § 230, and that AOL had not waived its § 230 immunity through its Membership Agreement (which stipulated that AOL did not assume responsibility for third-party content).

The court also rejected the plaintiff’s claims that CDA § 230 violated the First Amendment and exceeded Congress’s power under the Commerce Clause.

Type of online publisher:
America Online (AOL), online chat room
Publisher’s Role in Third Party Content:
AOL chat rooms were used to market child pornography of the plaintiff’s son
CDA § 230 applicable?:
Yes

Plaintiff’s son, a minor, among others, was lured by a man who engaged in sex acts with them and videotaped them. That man then marketed these videos to others via AOL chat rooms. The Court held that CDA 230 preempted state tort claims, applied to all actions brought after its effective date regardless of when the events precipitating the suit occurred, and that AOL was immunized by CDA 230 in this case.