CDA230

Doe v. GTE Corp, 347 F.3d 655 (7th Cir. 2009)

Type of online publisher: 
GTE Corp., Internet service provider (ISP)
Publisher's Role in Third Party Content: 
Hosted only
CDA ยง 230 applicable?: 
Yes

After improper videos of college athletes were sold online, the athletes decided to sue the site's web host, GTE.

Analogizing an ISP to Federal Express or the Postal Service, which may transport packages with unlawful contents and still not incur liability, Judge Easterbrook rejected the plaintiffs' claim that hosting a website site engaged in unlawful activity made an ISP liable for negligence.

Key Quotes:

Just as the telephone company is not liable as an aider and abettor for tapes or narcotics sold by phone, and the Postal Service is not liable for tapes sold (and delivered) by mail, so a web host cannot be classified as an aider and abettor of criminal activities conducted through access to the Internet.

Court Opinion Document: 
Jurisdiction: 
Issue: 

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

Typography nerds: our office is hosting a @CraftingType workshop June 10-12. More details and tickets: https://www.eff.org/event/cra...

May 27 @ 1:05pm

The cable industry seems to think that copyright lets it control how you watch TV. https://www.eff.org/deeplinks...

May 27 @ 10:58am

CFAA reform is long overdue, but two senators are on a mission to make things worse. https://www.eff.org/deeplinks...

May 27 @ 10:35am
JavaScript license information