Circuit Court Finds Online Publishers Can't Be Held Liable for Mapping Based on Third-Party Content
Locksmiths sued Google, Bing and Yahoo claiming they overstepped immunities under Section 230 of the Communications Decency Act by assigning sham competitors actual physical addresses on their mapping applications. The D.C. Circuit found that the publishers' algorithms provided “neutral means” and an “automated editorial act” protected from liability.
June 07, 2019 at 03:00 PM
3 minute read
A federal appellate court handed online mapping platforms a major victory Friday finding that they can't be held liable for using neutral algorithms to plot locations for businesses that don't provide specific addresses.
Locksmiths sued the companies that operate Google, Bing and Yahoo in federal court in Washington, D.C., in 2016 claiming the websites overstepped immunities laid out for interactive computer services under Section 230 of the Communications Decency Act by assigning sham competitors actual physical addresses on their mapping applications.
But on Friday the U.S. Court of Appeals for the D.C. Circuit upheld a lower court decision dismissing the case finding that the companies' algorithms provided “neutral means” and an “automated editorial act” protected from liability under Section 230.
“The underlying information is entirely provided by the third party, and the choice of presentation does not itself convert the search engine into an information content provider,” wrote Chief Judge Merrick Garland for the unanimous three-judge panel. “Indeed, were the display of this kind of information not immunized, nothing would be: every representation by a search engine of another party's information requires the translation of a digital transmission into textual or pictorial form.”
The panel, however, stopped short of a position advocated by the tech companies' lawyer at oral argument, Kathleen McCarthy of King & Spalding, who contended that the companies would enjoy immunity even if they completely fabricated the locksmiths' addresses. “That assertion is plainly inconsistent with the scope of the immunity that Congress has conferred,” wrote Garland, adding that it was not the sort of “information provided by another information content provider” that falls under the scope Section 230 protections.
McCarthy didn't immediately respond to a message Friday. She and her firm represented Google LLC while Microsoft Corp. was represented by Orrick, Herrington & Sutcliffe and Oath Holdings Inc., formerly known as Yahoo, was represented by Morrison & Foerster.
The locksmiths' lawyer, Barry Roberts of Roberts Attorneys P.A., was with a client and not immediately available for comment.
In Friday's decision, Garland, as he did at oral argument in the case last year, noted that the locksmiths' complaint said that the search engines had been “tricked” by the sham locksmiths about their location.
“To recognize that Google has been 'tricked' is to acknowledge that its algorithm neutrally translates both legitimate and scam information in the same manner,” Garland wrote. “Because the defendants employ a 'neutral means' and an 'automated editorial act' to convert third-party location and area-code information into map pinpoints, those pinpoints come within the protection of § 230,” he added.
Garland was joined in his opinion by Judges Patricia Millett and Harry Edwards.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllJustices Seek Solicitor General's Views on Music Industry's Copyright Case Against ISP
Texas Court Invalidates SEC’s Dealer Rule, Siding with Crypto Advocates
3 minute readRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readTrending Stories
- 1Commission Confirms Three of Newsom's Appellate Court Picks
- 2Judge Grants Special Counsel's Motion, Dismisses Criminal Case Against Trump Without Prejudice
- 3GEICO, Travelers to Pay NY $11.3M for Cybersecurity Breaches
- 4'Professional Misconduct': Maryland Supreme Court Disbars 86-Year-Old Attorney
- 5Capital Markets Partners Expect IPO Resurgence During Trump Administration
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250