Recent 47 USC 230 Developments Talk

By Eric Goldman

Today I gave a talk on recent 47 USC 230 developments (following on the popular “47 USC 230 Week” at the Technology & Marketing Law Blog a couple of weeks ago). I didn’t even really get into the Craigslist case because the opinion wasn’t all that insightful and we really need to see the Ninth Circuit en banc ruling in the case to see where we stand on those issues. Instead, I focused on three hot issues in 47 USC 230 jurisprudence:

* when does 47 USC 230 immunize a website from its own marketing representations?

* how does 230 apply to online retailers for merchandising?

* does 230 preempt state IP laws? [Note: this refers to last week’s Friendfinder case, which I’ll blog fully later this week]

Check out the slides.