Communications Decency Act – Craig’s List Sued for Housing Discrimination

The Chicago Lawyers’ Committee for Civil Rights Under Law has sued Craig’s List for posting ads containing statements that indicated a housing preference that’s prohibited by law. For example “white’s only.” Craig’s List has presented two relevant defenses: first that it removes offensive listings flagged by users; second that it is not a publisher under the Communications Decency Act (CDA), and therefore not responsible for the acts of its users. The CDA provides a broad safe harbor for “interactive computer services” who are classified more like telephone companies than newspapers for the purposes of liability for speech based claims. In other words, an interactive computer service is merely a conduit for the speech. The Committee charges that because Craig’s List can exercise editorial control over the list, it should be classified more like a newspaper, and not within this safe harbor. This case is important since more and more third party Internet providers are adding features to their services that move them from mere conduits. As you add services and features to your services, you should always calculate your potential liability for speech related law suits into your business plan. Complaint