Posts Tagged ‘Communications Decency Act’

Online immunities for Internet platforms under NAFTA

August 31st, 2018

Canada and the U.S. appear to be getting close to the wire on the renegotiated NAFTA. If the USTR Fact Sheet on the UNITED STATES–MEXICO Trade Agreement is accurate, the agreement will contain a new requirement to:

Limit the civil liability of Internet platforms for third-party content that such platforms host or process, outside of the realm intellectual property enforcement, thereby enhancing the economic viability of these engines of growth that depend on user interaction and user content.

Google’s loss in online defamation case Trkulja v Google good reason to resist CDA in NAFTA

June 25th, 2018

There is a repeating pattern in online defamation cases against Google. An individual’s reputation is alleged to be tarnished by Google’s search results or its autocomplete feature. The individuals plead with Google for help. As one of the Internet’s most important gatekeepers, Google is in a position to stop the damage, especially because its algorithms are the source of it. Google refuses to help, or does so only partially. Courts rule against Google finding it a publisher, at least once it has notice. Google, appeals the decision, apparently unconcerned about the damages its search services cause to members of the public or the financial and emotional costs of litigating against one of the planet’s richest companies. Google loses the appeal.