Emissions Software Firm’s Decency Act Gambit Fails on Appeal (1)

The Communications Decency Act doesn’t shield from liability the makers of a device used by car and truck owners to install emissions control defeat software, a federal appeals court said.

Wednesday’s ruling by the US Court of Appeals for the Second Circuit reinstates a Clean Air Act enforcement suit against a company called EZ Lynk and its principals.

EZ Lynk wasn’t a neutral publisher as defined under Section 230 of the decency act and immune from liability, the appeals court said, rejecting the company’s arguments. It played an active role in disseminating illegal software known as “delete tunes,” and in ...