ANALYSIS: Online Verification May Not Get Section 230 Immunity

Social media platforms are (again) under the microscope. Courts are taking a closer look at their failure to use more effective and reliable age verifications to prevent underage usage and at their failure to properly verify that users are who they actually claim to be.

Whether the platforms can be held liable for their verification processes depends on courts’ interpretations of Section 230 of the Communications Decency Act. Can they be held liable for fictitious information entered by users themselves? Can they be held liable for wrongdoings arising after a more involved verification process, if it fails? It ...