Communications Decency Act
The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case Reno v. ACLU, the United States Supreme Court unanimously struck the act's anti-indecency provisions.
The Act is the short name of Title V of the Telecommunications Act of 1996, as specified in Section 501 of the 1996 Act. Senators James Exon and Slade Gorton introduced it to the Senate Committee of Commerce, Science, and Transportation in 1995.[1] The amendment that became the CDA was added to the Telecommunications Act in the Senate by an 81–18 vote on June 15, 1995.[2]
As eventually passed by Congress, Title V affected the Internet (and online communications) in two significant ways. First, it attempted to regulate both indecency (when available to children) and obscenity in cyberspace. Second, Section 230 of title 47 of the U.S. Code, part of a codification of the Communications Act of 1934 (Section 9 of the Communications Decency Act / Section 509 of the Telecommunications Act of 1996)[3] has been interpreted to mean that operators of Internet services are not publishers (and thus not legally liable for the words of third parties who use their services).
Failure-to-warn lawsuits[edit]
In Jane Doe No. 14 v. Internet Brands, Inc., the plaintiff filed an action alleging that Internet Brands, Inc.'s failure to warn users of its modelmayhem.com networking website caused her to be a victim of a rape scheme. On May 31, 2016, the Court of Appeals for the Ninth Circuit ruled that the Communications Decency Act does not bar the plaintiff's failure to warn claim.[22]