CDA230

Anthony v. Yahoo! Inc., 421 F.Supp.2d 1257 (N.D.Cal. 2006)

Type of online publisher: 
Yahoo! Personals and Yahoo! Premier, dating sites
Publisher's Role in Third Party Content: 
Generated false profiles and emailed current users profiles of people who were no longer subscribers
CDA § 230 applicable?: 
No

A user of Yahoo's online dating services sued the company for fraud and negligent misrepresentation after he discovered the company generated false profiles and sent users now-defunct profiles in order to entice them to re-subscribe. The court said CDA § 230 does not apply to content that an interactive service provider "developed or created entirely by itself." The CDA also did not absolve Yahoo! of liability for sending users now-defunct profiles, because the resulting misrepresentation and fraud claims arose from Yahoo's "manner of presenting the profiles—not the underlying profiles themselves."

Court Opinion Document: 
Jurisdiction: 

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

A report by @caparsons on how unaccountable telecom practices and policies threaten Canadians: https://eff.org/r.bth6

May 27 @ 4:16pm

Heard of TPP or TTIP? TISA is another trade agreement making rules for the Internet, just as secretive but bigger: https://eff.org/r.95nc

May 27 @ 3:59pm

In San Francisco? Join EFF Saturday for a panel on art & surveillance as part of the SF International Arts Festival. https://eff.org/r.sicm

May 27 @ 3:55pm
JavaScript license information