https://blog.ericgoldman.org/archives/2016/03/facebook-isnt-liable-for-fake-user-account-containing-non-consensual-pornography-caraccioli-v-facebook-forbes-cross-post.htm Wed, 16 Mar 2016 17:50:00 +0000 hourly 1 https://blog.ericgoldman.org/archives/2016/03/facebook-isnt-liable-for-fake-user-account-containing-non-consensual-pornography-caraccioli-v-facebook-forbes-cross-post.htm#comment-1508 Wed, 16 Mar 2016 17:50:00 +0000 http://blog.ericgoldman.org/?p=15638#comment-1508 Why should the TOS foreclose the claim? The alleged harm was not predicated on Caraccioli’s use of Facebook. If he was not a Facebook user at all, he would still be harmed by the existence of the account and its content. It would be as if my neighbor’s Pino catches fire and burns down my house and Ford claims that because I bought a Ford Mustang years prior, I am barred from bringing a claim against them for the fire because of a broad arbitration clause in the Mustang sales agreement. Although, this does not help Caraccioli avoid Section 230.

]]> https://blog.ericgoldman.org/archives/2016/03/facebook-isnt-liable-for-fake-user-account-containing-non-consensual-pornography-caraccioli-v-facebook-forbes-cross-post.htm#comment-1506 Tue, 15 Mar 2016 16:32:00 +0000 http://blog.ericgoldman.org/?p=15638#comment-1506 The problem with suing the perpetrator is that they likely are judgment proof. It’s not surprising that Caraccioli (and others in his position) are going after the deep pockets.

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