Blogspot Gets Section 230 Win In 11th Circuit–Dowbenko v. Google
Mr. Dowbenko’s defamation claim is preempted under § 230(c)(1). It is uncontested that Google is an interactive computer service provider, and the article in question indicates that it was authored and posted by an “information content provider”: two anonymous bloggers. Nor does the allegation that Google manipulated its search results to prominently feature the article at issue change this result.
The copyright claim fails because Dowbenko didn’t have a copyright registration. The RICO claim failed because it lacked the requisite specificity.
The 2006 Almeida case is the only published opinion in the 11th Circuit, so it’s nice to see a clean Section 230 ruling, even if it’s unpublished.
Case citation: Dowbenko v. Google Inc., 2014 WL 4378742 (11th Cir. Sept. 5, 2014). The complaint.