Gonzalez

Gonzalez v. Google, Inc.

Good Law
282 F. Supp. 3d 1150
United States District Court, Northern District of CaliforniaOctober 23, 2017Case No. 16–cv–03282–DMRCalifornia7,927 words

Opinion

Lead Opinion

The Ninth Circuit has held that the CDA "does not declare 'a general immunity from liability deriving from third-party content.' " Internet Brands , 824 F.3d at 852 (quoting Barnes v. Yahoo!, Inc ., 570 F.3d 1096 , 1100 (9th Cir. 2009) ). Nor was it "meant to create a lawless no-man's land on the Internet." Roommates , 521 F.3d at 1164 . Rather, " section 230(c)(1) protects from liability only (a) a provider or user of *1158 an interactive computer service (b) that the plaintiff seeks to treat as a publisher or speaker (c) of information provided by another information content provider." Fields v. Twitter, Inc. , 200 F.Supp.3d 964 , 969 (N.D. Cal. 2016) (citing Barnes , 570 F.3d at 1100-01 ).

B. JASTA

Plaintiffs argue that JASTA repealed the immunity provisions of the CDA, rendering section 230(c)(1) inapplicable in this case. Congress enacted JASTA in September 2016. JASTA expanded the ATA by adding 18 U.S.C. § 2333 (d), which provides that US nationals may assert liability against a person who aids and abets or conspires with a person who commits an act of international terrorism. JASTA also amended the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1602 - 1611, to…

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