A Crack in the Armor: The Ninth Circuit’s Improper Limitation on the Scope of Section 230 Immunity in Enigma Software Group USA, LLC v. Malwarebytes, Inc.

Authors

Madeleine Dobson, Chapman University

Abstract

"Section 230 of the Communications Decency Act has been called the twenty-six words that created the internet.1 In short, Section 230 provides a safe harbor to website providers for moderating2 objectionable content on their sites, allowing them to avoid civil liability for much of what occurs online.3 It has been invoked by a wide-range of website providers like Twitter,4 Facebook,5 Tumblr,6 Myspace,7 YouTube,8 Airbnb,9 eBay,10 Yelp,11 and Craigslist12 to immunize against claims brought by internet users, including defamation,13 breach of contract,14 misappropriation of the right of publicity,15 and even products liability.16"

Recommended Citation

Madeleine Dobson, A Crack in the Armor: The Ninth Circuit’s Improper Limitation on the Scope of Section 230 Immunity in Enigma Software Group USA, LLC v. Malwarebytes, Inc., 25 Chap. L. Rev. 291 (2021).
Available at: https://digitalcommons.chapman.edu/chapman-law-review/vol25/iss1/7