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The Recorder

Moral Hazard on Stilts: 'Zeran's' Legacy

The Internet today is awash in threats, harassment, defamation, and conspiracy theories which disproportionately burden vulnerable citizens, while the websites, platforms, and ISPs that make it possible are protected from harm.
6 minute read

The Recorder

How the Scam Artists at Stratton Oakmont Made 'Zeran' Possible and Unwittingly Saved the Internet

It would be fair to say that this hugely favorable result likely would never have come to pass without an earlier court decision involving the Stratton Oakmont brokerage firm, infamously memorialized in the movie “The Wolf of Wall Street.”
17 minute read

The Recorder

20 Years of Protecting Intermediaries: Legacy of 'Zeran' Remains a Critical Protection for Freedom of Expression Online

Section 230 has proven to be one of the most valuable tools for protecting freedom of expression and innovation on the Internet.
9 minute read

The Recorder

Zeran's Failed Lawsuit Against an Oklahoma Radio Station

Bodies of the victims of the April 19, 1995, bombing of the A. P. Murrah Federal Building in Oklahoma City were still being removed from the rubble on April 25 when an anonymous post appeared on AOL advertising “Naughty Oklahoma T-Shirts” for sale.
16 minute read

The Recorder

The Chilling Effect Claims in 'Zeran v. AOL'

It is now possible to critically assess the chilling effect claims, asserted in the Fourth Circuit's 'Zeran' decision, with more insight and understanding than at any time previously.
19 minute read

The Recorder

Serendipity and Internet Law: How the 'Zeran v. AOL' Landmark Almost Wasn't

Zeran v. AOL may not be a household name, but it is the Internet's most important landmark ruling. This seminal court case, which was the first…
52 minute read

The Recorder

The Possible Redundancy of §230

Both fans and foes of Zeran assume that its interpretation of §230 changed the scope of liability for ISPs under the common law republication rule. Author Brian L. Frye isn't so sure.
7 minute read

The Recorder

Who Cyber-Attacked Ken Zeran, and Why?

More than 20 years later, it seems unlikely this case of cyber-harassment or “e-personation” will ever be solved.
6 minute read

The Recorder

The UK's Broad Rejection of the §230 Model

When President Clinton signed the Communication Decency Act, online pornography—and not defamation—was the focus of debate. However, in Reno v. American…
11 minute read

The Recorder

No ESC

The thrust and parry of arguments about when online speech should stay up or come down recapitulate well-worn arguments about when offline speech should or shouldn't be allowed.
15 minute read

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