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The Recorder

The Satellite Has No Conscience: §230 in a World of 'Alternative Facts'

Section 230 of the CDA continues to be the right policy choice, but it is up to us to be critical readers, calling out untruths, highlighting and promoting that which is reliable and discrediting that which is not.
9 minute read

The Recorder

CDA 230 Then and Now: Does Intermediary Immunity Keep the Rest of Us Healthy?

Twenty years after it was first litigated in earnest, the U.S. Communications Decency Act's §230 remains both obscure and vital.
11 minute read

The Recorder

The Judge Who Shaped the Internet

The outcome in 'Zeran v. America Online' is not entirely a result of the facts of the case. Section 230 caselaw might look very different today had other judges been assigned to 'Zeran v. America Online'.
9 minute read

The Recorder

Section 230 Keeps Platforms for Defamation and Threats Highly Profitable

Section 230 takes free speech-rooted disregard for people and their feelings, and ramps it up a few notches, immunizing online media companies from liability for hosting not only anything the First Amendment protects, but also from the reach of most of the very limited speech restrictions that First Amendment jurisprudence disdainfully tolerates.
20 minute read

The Recorder

The First Hard Case: 'Zeran v. AOL' and What It Can Teach Us About Today's Hard Cases

They say that bad facts make bad law. What makes 'Zeran v. AOL' stand as a seminal case in §230 jurisprudence is that its bad facts didn't.
7 minute read

The Recorder

'Zeran v. AOL' and Its Inconsistent Legacy

Ian Ballon discusses the differing approaches to how the Fourth Circuit's ruling in 'Zeran v. AOL' is applied in different circuits.
20 minute read

The Recorder

How the Supreme Court Ignored the Lesson of 'Zeran' and Screwed Up Copyright Law on the Internet

Roger Allan Ford discusses the problem with Congress and the courts not extending the 'Zeran v. AOL' decision for defamation to its copyright counterparts.
7 minute read

The Recorder

'Zeran v. AOL': The Anti-Circumvention Tool

Zeran v. AOL is the survivalist's kit for websites.
7 minute read

The Recorder

The Non-Inevitable Breadth of the 'Zeran' Decision

When Kenneth Zeran filed his complaint against America Online (AOL) in April 1996, the internet as we know it today did not exist.
12 minute read

The Recorder

'Zeran v. America Online' and the Development of Trolling Culture

Twenty years ago the Fourth Circuit decided Zeran v. America Online, a decision which, on the positive side, made possible the internet we have today. On the negative side… it made possible the internet we have today.
8 minute read

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