Responsabilità del Registrar di domain names per l’uso illecito del dominio da parte del nuovo assegnatario? Si applica il safe harbour ex § 230 CDA?

L’appello del 9° circuito 3 febbrio 2023, No. 21-16182, Scotts Rigby v. Godaddy, sull’uso indebito del nome di dominio “;” dato a un terzo e divenuto sito di giochi d’azzardo.

dal Summary iniziale:

<<When Rigsby and the Foundation failed to pay
GoDaddy, a domain name registrar, the renewal fee for, a third party registered the thenavailable domain name and used it for a gambling
information site. (…)
The panel held that Rigsby could not satisfy the “use in
commerce” requirement of the Lanham Act vis-à-vis
GoDaddy because the “use” in question was being carried
out by a third-party gambling site, not GoDaddy, and Rigsby
therefore did not state a claim under 15 U.S.C. § 1125(a). As
to the Lanham Act claim, the panel further held that Rigsby
could not overcome GoDaddy’s immunity under the
Anticybersquatting Consumer Protection Act, which limits
the secondary liability of domain name registrars and
registries for the act of registering a domain name. The
panel concluded that Rigsby did not plausibly allege that
GoDaddy registered, used, or trafficked in his domain name
with a bad faith intent to profit, nor did he plausibly allege
that GoDaddy’s alleged wrongful conduct surpassed mere
registration activity>>

E sorpttutto sul § 230 CDA , che protegge da molte domande:

<<The panel held that § 230 of the Communications
Decency Act, which immunizes providers of interactive
computer services against liability arising from content
created by third parties, shielded GoDaddy from liability for
Rigsby’s state-law claims for invasion of privacy, publicity,
trade libel, libel, and violations of Arizona’s Consumer
Fraud Act.

The panel held that immunity under § 230
applies when the provider is an interactive computer
services, the plaintiff is treating the entity as the publisher or
speaker, and the information is provided by another
information content provider.

Agreeing with other circuits,
the panel held that domain name registrars and website
hosting companies like GoDaddy fall under the definition of
an interactive computer service.

In addition, GoDaddy was
not a publisher of, and it was not
acting as an information content provider.>>