New Ebook On Zeran v AOL, The Most Important Section 230 Case

from the read-it,-understand-it dept

Section 230 has become a mainstream discussion topic, but unfortunately many discussants don’t actually understand it well (or at all). To address this knowledge gap, co-editors Profs. Eric Goldman (Santa Clara Law) and Jeff Kosseff (U.S. Naval Academy) have released an ebook, called “Zeran v. America Online,” addressing many aspects of Section 230. You can download the ebook for free at:

• SSRN
• SCU Digital Commons
• Google Play

Zeran v. AOL is the most important Section 230 case of all time. The Zeran case was the first federal appellate decision interpreting Section 230, and its breathtakingly broad sweep turbocharged the rise of Web 2.0–with all of its strengths and weaknesses.

In recognition of Zeran’s importance, in 2017, Profs. Goldman and Kosseff helped assemble an essay package to honor the case’s 20th anniversary. They gathered two dozen essays from some of the most knowledgeable Section 230 experts. The essays address the case’s history and policy implications. Initially, Law.com published the essay package but then unexpectedly paywalled the essays after 6 months.

The new Zeran v. America Online ebook restores the 2017 essay package into a new and easy-to-read format. Together, they are a great entry point into the debates about Section 230, including how we got here and what’s at stake.

To supplement the essay package, the ebook compiles an archive of the key documents in the Zeran v. AOL litigation (with bonus coverage of Zeran’s case against radio station KRXO). Many of these materials have not previously been publicly available in electronic format. The case archives should be of interest both to historians and students of precedent-setting litigation tactics.

Section 230 will likely remain hotly debated, but the debates won’t be productive until we develop a shared understanding of what the law says and why. Ideally, this ebook will advance those goals.

Filed Under: ebook, intermediary liability, ken zeran, section 230, zeran
Companies: aol

Celebrate The 20th Anniversary Of A Seminal Section 230 Case Upholding It With This Series Of Essays

from the Internet-enabling-cases dept

We have been talking a lot lately about how important Section 230 is for enabling innovation and fostering online speech, and, especially as Congress now flirts with erasing its benefits, how fortuitous it was that Congress ever put it on the books in the first place.

But passing the law was only the first step: for it to have meaningful benefit, courts needed to interpret it in a way that allowed for it to have its protective effect on Internet platforms. Zeran v. America Online was one of the first cases to test the bounds of Section 230's protection, and the first to find that protection robust. Had the court decided otherwise, we likely would not have seen the benefits the statute has since then afforded.

This Sunday the decision in Zeran turns 20 years old, and to mark the occasion Eric Goldman and Jeff Kosseff have gathered together more than 20 essays from Internet lawyers and scholars reflecting on the case, the statute, and all of its effects. I have an essay there, "The First Hard Case: ‘Zeran v. AOL’ and What It Can Teach Us About Today’s Hard Cases," as do many other advocates, including lawyers involved with the original case. Even people who are not fans of Section 230 and its legacy are represented. All of these pieces are worth reading and considering, especially by anyone interested in setting policy around these issues.

Filed Under: cda 230, intermediary liability, zeran
Companies: aol