Denied 230 Immunity by Ninth Circuit En Banc

By Eric Goldman

Hot news! The Ninth Circuit en banc panel in the case upheld the 3 judge panel and issued an opinion, not surprisingly written by Judge Kozinski, saying that doesn’t qualify for immunity under 47 USC 230. The en banc panel voted 8-3 with a lengthy dissent by Judge McKeown. I’ll post an analysis as soon as I can work through it.

UPDATE: My full blog post.