Safe harbour ex 230 CDA per l’omesso avviso e l’omessa rimozione di materiale sensibile? Si.

La madre di un bambino le cui immagini sessualmente significative avevva notato caricate su Tikl Tok cita la piattaforma per i segg. illeciti: did not put any warning on any of the videos claiming they might contain sensitive material; did not remove any of the videos from its platform; did not report the videos to any child abuse hotline; did not sanction, prevent, or discourage the videos in any way from being viewed, shared, downloaded or disbursed in any other way; and “failed to act on their own policies and procedures along with State and Federal Statutes and Regulations.

Il distretto nord dell’Illinois, west. division, 28.02.2022, Case No. 21 C 50129, Day c. Tik Tok, accoglie l’eccezione di safe harbour ex § 230 CDA sollevata dalla piattaforma (e citando il noto precedente Craiglist del 2008):

What § 230(c)(1) says is that an online information system must not ‘be treated as the publisher or speaker of any information provided by’ someone else.” Chicago Lawyers’ Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc., 519 F.3d 666, 671 (7th Cir. 2008).
In Chicago Lawyers’, plaintiff sought to hold Craigslist liable for postings made by others on its platform that violated the anti-discrimination in advertising provision of the Fair Housing Act (42 U.S.C. § 3604(c)). The court held 47 U.S.C. § 230(c)(1) precluded Craigslist from being  liable for the offending postings because “[i]t is not the author of the ads and could not be treated as the ‘speaker’ of the posters’ words, given § 230(c)(1).” Id. The court rejected plaintiff’s argument that Craigslist could be liable as one who caused the offending post to be made stating “[a]n interactive computer service ‘causes’ postings only in the sense of providing a place where people can post.” Id. “Nothing in the service craigslist offers induces anyone to post any particular listing or express a preference for discrimination.” Id. “If craigslist ‘causes’ the discriminatory notices, then, so do phone companies and courier services (and, for that matter, the firms that make the computers and software that owners use to post their notices online), yet no one could think that Microsoft and Dell are liable for ‘causing’ discriminatory advertisements.” Id. at 672. The court concluded the opinion by stating that plaintiff could use the postings on Craigslist to identify targets to investigate and “assemble a list of names to send to the Attorney General for prosecution. But given § 230(c)(1) it cannot sue the messenger just because the message reveals a third party’s plan to engage in unlawful discrimination.”

Ed allora la domanda attorea nel caso specifico < does not allege defendant created or posted the videos. It only alleges defendant allowed and did not timely remove the videos posted by someone else. This is clearly a complaint about “information provided by another information content provider” for which defendant cannot be held liable by the terms of Section 230(c)(1).>

Difficile dar torto alla corte, alla luce del dettato della disposizione invocata da TikTok

(notizia e link alla sentenza dal blog del prof. Eric Goldman)