Court Ruling May Narrow Section 230 Protection
from the exempt-exemptions dept
The government's attempts to regulate the internet are almost always misguided, but section 230 of the Communications Decency Act stands out as a rare instance of foresight, as it specifies that website proprietors aren't, in general, legally liable for content posted by users. As more and more sites are built on user-generated content, this protection has only grown in importance. However, a decision handed down today by the Ninth Circuit may narrow section 230 protection (via Above The Law) to some extent. At issue is whether the site Roommates.com is on the hook for ads posted by its users that violate the Fair Housing Act by specifying the race and gender of the desired roommate. If you'll recall, Craigslist faced the exact same issue, but was cleared, so you might think that the same would apply in here. However, in this case, the court ruled that the site is not necessarily protected because it provides a form that specifically invites users to fill out a potentially illegal roommate preference. The court reasoned, by analogy, that a hypothetical site called harrassthem.com would not warrant protection if it specifically asked that its users furnish defamatory information on individuals. However, the court did say that Roommates.com could not be held liable for comments on the site that were separate from the forms it offered to users. It's still not clear what's going to happen here, or what this means for other sites that depend on section 230 immunity, though it would seem to have little effect on most sites that simply have an open comments section. As for Roommates.com, it's likely it will try to avoid the problem by letting its users post free-form roommate ads, so that it's not suggesting anything illegal.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Single women just out of their parents house might not want to bunk with a bunch of men they don't know, not sure why it would be illegal to say 'single woman seeking single women roomates'?
Stupid laws going to far to protect and restrict something that doesn't need to be limited or guarded against.
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Site Name Also a Consideration?
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...stupid courts telling me I cant hate people.
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It figures. . .
By that logic any site that allows a person to post for a roommate/housemate should be able to gather whatever information that will help find a compatiable person to share housing. Any landlord caught using the site to get around the fair housing act should be prosecuted to the fullest extent of the law.
Lastly,roomates.com, or for that matter many of the sites out there for finding housing/roomates, simply lack usability and are overcomplicated. These sites ask for login information and initial communications are only available through their site (not to one's e-mail). That and there are too many different sites basiclly offering the same service in different unusable ways. Personally I use CL, but even CL is limited to the people who use it/know about it, like any other site out there.
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Looking for a roommate?
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Discrimination in housing is illegal. Get over it!
In case you are asking, I am a white male, frequently ashamed of some members of my race.
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