DOE II v. MySpace Inc.
Opinion
Opinion
Bigelow, J.
The question posed by this appeal is: Can an Internet Web server such as MySpace Incorporated, be held liable when a minor is sexually assaulted by an adult she met on its Web site? The answer hinges on our interpretation of section 230 of the Communications Decency Act. We hold section 230 immunizes MySpace from liability.
FACTS AND PROCEDURAL POSTURE
This appeal consolidates four cases involving similar facts and essentially identical legal allegations. In each case, one or more “Julie Does”—girls aged 13 to 15—were sexually assaulted by men they met through the Internet social networking site, MySpace.com (MySpace). The Julie Does, through their parents or guardians, have sued MySpace for negligence, gross negligence, and strict product liability.
I. An Overview of MySpace
MySpace.com is a social networking Web site founded in July 2003 that is popular with adults and teenagers. As of July 11, 2006, MySpace was the world’s most visited domain on the Internet for American users. MySpace membership is only open to users aged 14 and over. However, an underaged user can easily gain access simply by entering a false birth date to appear older.