You are on page 1of 11

Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report

Home

Ocean Ave

About

Sixth Circuit Reverses Judgment
Against The Dirty

Internet Law Center Cyber
Report
 RSS - Posts

Follow Blog via Email
Enter your email address to follow

Admin / June 18, 2014

this blog and receive notifications of
new posts by email.

THE CASE OF THE BENGAL CHEERLEADER AT THE CYBER ZOO*
Sarah Jones, a former high school teacher and Cincinnati Bengal cheerleader, sued

Sign me up!

TheDirty.com over two posts.  In the first, site users (aka “The Dirty Army”) posted that
Jones was seen with the Bengals kicker and “has . . . slept with every other Bengal
Football player. This girl is a teacher too!!.”  In the second, the Dirty Army stated that

Search

Jones’ likely had sexually transmitted diseases and had sex with her boyfriend in her
class room  After the second post, site owner Nik Richie commented “[w]hy are all

Search …

high school teachers freaks in the sak?”

ACT I: THE CDA
Jones sued TheDirty.com in Kentucky federal court, which in turn invoked the immunity under Section 230 of the

Archives
Select
Month
Select
Month

Communications Decency Act which “creates a federal immunity to any cause of action that would make service
providers liable for information originating with a third-party user of the service.”  Zeran v . American Online, Inc., 129
F. 3d 327, 330 (4th Cir . 1997),  cert. denied, 24 U. S. 937 (1998).  The immunity does not apply if the website is

Categories

“responsible, in whole or in part, for the creation or development of” the offending content. Fair Housing Council of
San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157,1162 (9th Cir.2008).

Select
Category
Select
Category

The Court denied The Dirty’s motion, finding the site to be “not only offensive but tortious” and concluding that

Internet Law Center

by reason of the very name of the site, the manner in which it is managed, and the personal comments
of defendant Richie, the defendants have specifically encouraged development of what is offensive about

Internet Law
Center
Like

the content of the site.

81 people like Internet Law Center.

ACT II: THE TRIAL and APPEAL

http://ilccyberreport.wordpress.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM]

developing an anti-spyware bill. the Electronic Frontier Foundation. the Berkman Center’s Digital about. Gawker Media. so the case proceeded to trial – two of them. I cannot emphasize enough how frustrating and unfair that process has been…. The Reporters Committee for Freedom of the Press. online service providers including Amazon. Bennet has been named one of the nation's best internet lawyers in trade publications. Internet and Privacy interest group of the California Bar IP Section. the English teacher plead guilty to criminal charges involving having sex with one of her minor students (who is reportedly now her fiancé) and is now barred from ever teaching again. . Jones’ complaint sought $11 million in damages since the posts ruined her reputation. First. v. and Yelp (brief) . keep[s] government interference in the medium to a minimum. Inc. Google. .. Buzzfeed.3d at 331 (“The specter of tort liability in an area of such prolific speech would have an obvious chilling effect. Immunity shields service providers from this choice.  After a hung jury in the first trial. Twitter and Zynga (brief). He has been chosen by the Department of Commerce and a leading NGO to be part of U. Magazine Publishers of America. TripAdvisor LLC.com. unfettered by Federal or State regulation.   But before the case went to trial. and interactive computer services such as: AOL. Inc. the Sixth Circuit reversed the award for Jones.wordpress. winning praise from guests for his on air style and knowledge. at 330.. . the immunity provided by § 230 protects against the “heckler’s veto” that would chill free speech. Both sides deserved much more respect from the court.com LLC.com.”). Bennet Kelley After oral argument.C. § 230 serves three main purposes. Yahoo! Inc. the Center for Democracy and Technology and the Public Participation Project (brief). Since then.  Jones even testified about the events at trial. see also 47 U.S. Consumeraffairs.S. The Dirty’s counsel David Gingras blasted the trial judge: Internet Lawyer. He is also publisher of the award-winning newsleter Cyber Report. Facebook social plugin The Dirty’s appeal was supported by a who’s who of the Internet with amicus briefs filed by: public interest groups such as the ACLU.” Id. Facebook. Radio Host & Political Columnist Bennet Kelley is founder of the “ Sarah Jones filed her lawsuit against Nik Richie and TheDirty back in December 2009.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] Cyber Law & Business Report . Tumblr. accordingly.fm and an awardwinning political columnist.Microsoft. forcing her lawyers to exclude future damages from their claim. See Zeran.”). 129 F. Without § 230. LinkedIn. Internet Law Center. Inc. As host of Cyber Law & Business Report since January 2011 he has interviewed some of the leading voices in internet law and policy. especially with her students who commented on the post. Avvo. 591 http://ilccyberreport. Inc. eBay. Ltd. it “maintain[s] the robust nature of Internet communication and. delegations in international conferences on internet law and was praised by a Congressional “ Committee for his contributions in By barring publisher-liability and notice-liability defamation claims lodged against interactive computer service providers. The McClatchy Company. Jones prevailed in the second winning $338. See Nemet Chevrolet. who would then face a choice: remove the content or face litigation costs and potential liability. . Second.me Media Law Project.both for Nik Richie and for Sarah Jones.000 in punitive and compensatory damages. to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services. CNN. host of Cyber Law and Business Report on WebmasterRadio. § 230(b)(2) (“It is the policy of the United States .Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report The trial court would not permit an immediate appeal on Section 230 immunity.  Curbed.. Bennet is a past co-chair of the California Bar Cyberspace Committee and is currently Vice ACT III: THE SIXTH CIRCUIT’S OPINION In a result that surprised no one. . Inc.  Judge Julia Gibbons began by stressing the importance of Section 230 immunity Chair of the Technology.. we have spent 4 ½ years fighting against a closed-minded judge who decided our fate before we even set foot in court.. persons who perceive themselves as the objects of unwelcome speech on the internet could threaten litigation against interactive computer service providers.

is effectively lost if a case is erroneously permitted to go to trial. Cyber Law and Business Report Like Third. 2009) (“[I]mmunity is an immunity from suit rather than a mere defense to liability and . and that enactment resolves this case. . serves that purpose. see § 230(a)(1)−(5). defamatory content without a remedy.ly/FoVg7 13 hours ago AT&T seeks to block KS town from offering ultra-broadband.sites certified as secure often more vulnerable to hack. ow.ly/FoUPa 7 hours ago Data Breaches just got real.ly/2RrQqS 12 hours ago freedom and its uses are distinct. Congress enacted § 230(c)(1) to preserve a free internet.  While some exercises of the considerable freedom that Congress allowed online publishers are regrettable. Congress envisioned a free and open internet. she sued Dirty World and Richie.” (internal quotation marks omitted)). postpone or alter content.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] . Instead. § 230 encourages interactive computer service providers to self-regulate. as the encouragement standard and/or ratification standard (based on the website’s additional commentary) used by the court could become the exception that swallowed the rule.3d 250. 86 people like Cyber Law and Business Report. See Nemet.ly/FoUKi 10 hours ago publish. She conceded that she did not attempt to subpoena Richie or Dirty World to discover who authored the defamatory posts.”). online. . The Court explained that the trial court applied the wrong standard for when a website is a developer of wrongful content.  Instead. In this case. withdraw. as Court “ We note that the broad immunity furnished by the CDA does not necessarily leave persons who are the objects of anonymously posted.ly/ForRU 2 days ago Prof.3d at 254 (“[I]mmunity is an immunity from suit rather than Twitter Feed a mere defense to  liability [and] is effectively lost if a case is erroneously permitted to go to trial. the court applied a “material contribution” test to determine whether the website materially contributed to illegality of the statements made on the site. Jones cannot seek her recovery from the online publisher where that publisher did not materially contribute to the tortious content. The fact that The Dirty published and refused to take down the post was insufficient since CDA immunity covers “a publisher’s traditional editorial functions—such as deciding whether to publish. which subverts common-law publisher-liability. Jones conceded that she did not attempt to recover from the person(s) whose comments Richie elected to Rules Banks Can Go after Target for credit card hack. Twitter simplifies harassment reporting ow. 591 F. and the immunity provision of § 230(c)(1). ow. But. Study .wordpress. we point out that determinations of immunity under the CDA should be resolved at an earlier stage of litigation. In case you were wondering All your devices have been hacked by Russian bandits ow. The Court also chided the trial judge for not permitting an immediate appeal: Facebook social plugin “ Given the role that the CDA plays in an open and robust internet by preventing the speech-chilling threat of the heckler’s veto. The Court concluded eloquently: ow.”  The court could not find liability based on the site’s comments since they were made after the defamatory postings were displayed. Goldman’s Blog Appeals Court Affirms Harassment Order Based on Vague Testimony of Indirect Contacts This is a civil harassment case.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report F. under the CDA. 254 (4th Cir. http://ilccyberreport.

L. Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity broadband network. Hawley. providers can offer "sponsored data" features.A. Section 230 Precludes Injunctive Relief Against Message Boards– of 25 Medytox v. 2014 Politicians in New York City reportedly have joined the growing roster of people questioning whether car service companies Uber and Lyft are playing fast and loose with users' privacy.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report Kwan and Murcia both worked at CVS but at different stores (both as managers). which allow companies to pay for their material to be exempted from consumers' data caps. At a New York City Council hearing this week.. the network is expected to offer residents and businesses in the small southeast Kansas city 1GB   connections for a cost of $40 a *Title is a play on the title of a Rajiv Joseph play. Medytox and the blogosphere are trumpeting the preservation of the CDA’s blanket immunity. A user. Kansas voted to move forward with   the creation of an ultra-fast fiber Source: David S. 2014 In addition. Ardia.. 373 (2010). under Section 230 of the Communications Decency Act.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] month -. Council Member Ydanis Rodriguez reportedly asked representatives for both companies whether they shared passengers' rid […] AT&T Allowed To Weigh In On Town's Effort To Build New Fiber Network December 4. defamation and.  An empirical analysis of the exercise of Section 230 as a defense published in Loyola of Los Angeles Law Review in 2010 found that Section 230 was not always an absolute bar to claims.wordpress. Verizon Touts Toll-Free Data In New FCC Filing December 8. alleging that he was cyber harassing her and texted. principals sued Hawley for in practice the protection afforded by this immunity is not always absolute. Rev. L. posted several messages on   InvestorsHub about Medytox and its While the Sixth Circuit made the right decision and the press and principals. 2014 In October. Kwan filed a request for a harassment restraining order against Murcia..”  (Great play http://ilccyberreport. "Sponsored data and other arrangements that only address pricing and that do not result in the differential tr […] Uber And Lyft Face More Privacy Questions December 5. InvestorsHub We’re celebrating View this document on Scribd #ThrowbackThursday today at the Technology & Marketing Law Blog! EPILOGUE InvestorsHub runs message boards on financial topics. “Bengal Tiger at the Baghdad Zoo.  As the chart below demonstrates.  Another 26 percent of cases were raised at Summary Judgment where immunity was endorse the idea that broadband found in two-thirds of the cases.. despite the ruling’s emphasis that these claims be resolved earlier in the litigation.which is cheaper and faster . CDA immunity claims Verizon is pressing the Federal were addressed at the motion to dismiss stage in only half of the cases reviewed (and only 61 percent of these Communications Commission to defenses were successful). city leaders in Chanute. there is Online Examiner great variance depending on the nature of the claim and jurisdiction in which it is asserted. When complete. 43 Loy.

others would like Related posts to use those same laws to help European companies compete against their American rivals as a Latest Cyber Report: A 9th Circuit: Failure to Warn Dozen Things You Should Claims Outside Reach of Ninth Circuit: Yelp way to jump-start a sluggish Know Section 230 Practices Not Quite economy.. Read the article: Re/code One thought on “Sixth Circuit Reverses Judgment Against The Dirty” Delhi Bans Uber After Report of Rape by Driver December 8. Ardia. 2014 The Delhi state government banned Pingback: WED AT 10AM: Canadian Spam. Sarah Jones. Tags: Bengal Tiger at the Baghdad Zoo.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report btw). Bengal Cheerleaders and Redskins and Code Black → gaming network was offline for more than two hours as a result of an apparent cyber attack. Read the article: The New Extortion York Times Another Division of Sony Hit by Cyber Attack December 8. David Gingras. Uber Technologies Inc.wordpress. Bengal Cheerleaders and Redskins and Code Black | Cyber Law & Business Report Comments are closed. 2014 European Union policy makers are demanding greater controls over how companies like Google and Facebook use personal information. according to a statement from Delhi’s Transport Department. The company is also “blacklisted” from providing transport services in the future. 2014 Hackers hit a second division of ← Can police mimic the NSA and retain computer data forever? Not according to a new court ruling Sony. The Dirty European Privacy Regulators Debate Economic Impact December 9. which they say could end [. Sony’s PlayStation online WED AT 10AM: Canadian Spam. 2014 in CDA Immunity.   GigaLaw News Academics Ask FTC to Stop Net Neutrality Rules December 9. Loyola of Los Angeles Law Review.. 2014 Dozens of academics are asking the Federal Trade Commission (FTC) to raise its voice in the fight over new Share net neutrality rules. A letter signed by 32 scholars was sent to the FTC urging the regulator to prevent the Federal Communications Commission (FCC) from writing utility-style rules for Internet service providers. agrees to hit “pause” on ad-skipping DVR December 9.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] . Read the article: Bloomberg Ars Technica Dish cuts a deal with CBS. David S. Defamation. immediately from operating in the Indian capital after a passenger accused one of its drivers of raping her two days ago. than anything now available.] June 18. 2014 http://ilccyberreport. communications decency act. At the same time.

  But there are two things different about this false advertising case.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report What CBS couldn't get in court. perhaps without ever leaving home.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] . grousing about the NETmundial Initiative. BNA E-Commerce and Tech Law DNS Policy Notes for Nov. 2014 “No need to be fat. 2014 From a patient’s perspective. coverage of the World Internet Conference.” “Your thin friends can tell you the right way to fight fat. the latest twist in the Yoyo. Atlanta-based PaymentsMD. […] A pain in the privacy December 3. FTC Blog FTC Milestones: Weighing in on weight loss cases December 4.” Sounds like a lot of the bogus diet promotions the FTC has gone to court to shut down. Facebook's foray into health content sans GAC advice. 2014 November 21.email story. and a pair of industry analyses of the new top-level domain experience so far. 24. Hughes signed http://ilccyberreport. 2014 Topics include Russia's tightening grip on the Internet. I was too fat. LLC and former CEO Michael C. 2014 Go ahead and found an Estonian company. it neatly won with a 12-hour blackout. DNS Policy Notes for Nov. trademark owners on a URS hot streak. it went to the Supreme Court. 2014 Topics include the Defending Internet Freedom Act of 2014.wordpress. But according to the FTC. Estonia wants to give us all digital ID cards. and the defeat of the USA Freedom Act. the GAC's inquiry on additional protections for geographic names in new gTLDs. it was one of those “It seemed like a good idea at the time” innovations: a free online portal that lets people view their billing history with a number of different healthcare providers. 21. make us “e-residents” December 9. No need to diet or go through unpleasant exercise.” “Men avoided me. 2014 November 24. First.

. appeals court for the third time in as many months on Monday. we are thankful for all of the very talented folks who chose to spend part or all of their career with us protecting consumers and promoting competition.). Patrick Leahy (D-Vt. the Federal Information Security Modernization Act.S. 2014 The government's bulk collection of Americans’ call records was brought before a U.Sen..Sen. Jay Rockefeller (D-W. out of. or watch as present and former FTC’ers share special moments from their time with the agency.. hear. 2521.) had placed a secret hold on the legislation.. OVERNIGHT TECH: Groups cheer as FOIA update heads to House December 8..Va.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] .Va. NSA data program back in federal court December 8.  And if you only have a moment. the author of the FOIA Improvement Act.. 2014 Sen. which the Senate passed by voice-vote. http://ilccyberreport.. At least one member of the three-judge panel of the Ninth Circuit Court of Appeals in Seattle. You can visit FTC Moments to read. Senior Dem withdraws opposition to FOIA update December 8.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report consumers up for their service and then went o […] Living in the Moment December 2.wordpress. 2014 The Senate passed a bill Monday that aims to better secure federal information. Jay Rockefeller (DW. Tom Carper (D-Del. h […] Hillicon Valley Senate passes bill to secure federal data December 9. 2014 THE LEDE: An update to the Freedom of Information Act squeezed through the Senate on Monday in a surprise move that sets up legislative action in the House. won. Sen.Carper’s bill would direct the..) withdrew opposition to an update to the Freedom of Information Act (FOIA) Monday.) introduced S. just hours before the measure would have died for the year. 2014 As the FTC celebrates its Centennial.

2014 Malware authors are trying hard to create malicious software with more innovative ways to infect victims. GA […] AliExpress WebSite Vulnerability Exposes Millions of Users' Private Information December 8. Google App Engine is Google’s PaaS (Platform as a Service) Cloud computing Platform for developing and hosting web applications in Google-managed data centers. dubbed DeathRing. but easily exploitable personal information disclosure vulnerability has been discovered in the widely popular online marketplace AliExpress website that affects its millions of users worldwide. 2014 A critical. is a Chinese Trojan that masquerades as a ringt […] Tech Dirt Washington DC Council Moves To Protect Its Citizens From Its Cops.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report The Hacker News Google App Engine — More than 30 Vulnerabilities Discovered December 8. A new mobile Trojan horse infection has been discovered by security researchers that comes pre-loaded onto low-cost Chinese-made Android smartphones popular in Asia and Africa. The trojan. The reported vulnerability could allow anyone to steal personal information of hundreds of millions of AliExpress users without knowing their account pas […] 'DeathRing' Chinese Malware Found Pre-Installed On Several Smartphones December 6.wordpress. Passes Asset Forfeiture Overhaul Bill DailyDirt: Made In The USA Rockets DOJ Releases Report On Cleveland Police Department Investigation And It's Bad News All The Way Down EFF Obama’s Plan for Better Policing: http://ilccyberreport. 2014 Security researchers have discovered a number of critical vulnerabilities in the Java environment of the Google App Engine (GAE) that enables attackers to bypass critical security sandbox defenses.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] .

where the organization's Standing Committee on Copyright and Related Rights is gathered to debate proposals for a treaty to give new legal rights to broadcasters. 2014 Members will race to finish omnibus. The Final Goal of the 113th Congress: Keep the Government Open December 8. educ […] National Journal NSA Mass Spying Earns Another Rubber Stamp Nearly a Year After Obama’s Pledge to End It December 8. 2014 EFF is in Geneva this week at the World Intellectual Property Organization (WIPO). archives.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report The Good.S. Orion and the History of NASA. 2014 You may be shocked to hear that EFF doesn't think technology is a solution to every problem. we think adoption of new technology requires communities to understand and discuss the pros and cons.wordpress. and the Body Cameras December 9. 2014 Collection of bulk U. call data will continue for at least another 90 days. in Pictures December 6. and key nominations before adjournment. defense bill.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] . the Bad. And.  The Domains Tucows Looking to buy up to $8million worth of shares in modified Dutch Auction Tucows Commences Dutch Tender Offer Tucows announced today that it is commencing its “modified Dutch auction Tender Offer” (the “Tender Offer”) to repurchase a number of its http://ilccyberreport. That’s w […] We're Back at the World Intellectual Property Organization to Fight For Users' Rights at the UN December 8. as we’ve pointed out when it comes to drones and other types of local surveillance. That includes problems with the police and with public safety. 2014 A look back at the triumphs and tragedies of manned spaceflight. and for instruments that would standardize copyright limitations and exceptions for libraries.

The NamesCon seems to be on track to exceed 800+ attendees this year. we surveyed some developments in lawsuits over public art and protection available under copyright law in graffiti art. There has… 5 reasons not to “right-click” a google image for your blog December 4. http://ilccyberreport. Search engines are not the best way to find an image for… ICANN Blog ICANN 49 Through Language Services’ Eyes May 27. The closing price of Tucows common stock on the […] Namescon Registrations Pass 500. NamesCon has broken 500 pre-registered attendees which is double the number of attendees registered at this time last year. 2014 Are homebuilders as vigilant as they should be in protecting their intellectual property rights — including the copyrights that qualifying… Settlements and procedural wrangling December 3. 2014 SoCal Tech An error has occurred. NamesCon will be held in Las Vegas January 11th-14th at the Tropicana Hotel and Conference Center.com will […] […] Lexology The need for homebuilder vigilance about copyrights December 3. as previously announced on November 12. 2014 Back in October. Double From Last Year At This Time According to the conference organizers. Try again later.Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report common stock not to exceed an aggregate purchase price of $8. the feed is probably down. 2014 Google and other image search engines are a free and easy way to get visual information. RightoftheDot.wordpress. 2014. 2014 语言服务部眼中的ICANN第49届会议 May 27.0 million.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] .

Sixth Circuit Reverses Judgment Against The Dirty | Cyber Report Blog at WordPress.com/2014/06/18/sixth-circuit-reverses-judgment-against-the-dirty/[12/9/2014 12:00:26 AM] .wordpress. http://ilccyberreport.com. The Expound Theme.