Legal Question in Technology Law in California
Communications Decency Act
It seems to me that the Communications Decency Act, to wit 47 USC 223(a)(1)(A) and (a)(2), does not apply where the transmission occurs over the internet (see (h)(1)(B) and 47 USC 230(e)(2)). This seems to fly in the face of popular opinion which sees this act as (depending upon the final outcome of various litigation) a serious threat to the free flow of information over the internet. What gives? Am I missing something here?
Asked on 5/12/99, 6:15 pm
1 Answer from Attorneys
Timothy J. Walton
Internet Attorney
Re: Communications Decency Act
The exception for "interactive computer service" is meant to shield ISPs and online services such as AOL. It does not protect individual users because they are using telecommunications devices (such as modems) in addition to the dial-up account.
Answered on 5/20/99, 3:06 pm
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