CDA Immunized eBay for Illegal User Sales of Recalled Products

A civil lawsuit for selling recalled products brought under a federal criminal statute did not fall within the federal criminal statute exception to Internet service provider immunity, the U.S. District Court for the Southern District of Mississippi held Dec. 9 (Hinton v. Amazon.com.dedc LLC, S.D. Miss., 2:13-cv-00237-KS-MTP, 12/9/14).

Judge Keith Starrett said the exception applies only to criminal proceedings prosecuted by the U.S. government.

Section 230 of the Communications Decency Act, 47 U.S.C. § 230, grants immunity to providers of interactive computer services against liability arising from content created by others. Section 230(e) excludes from ...