Risk while creating a social network

[Kumar Percy Jayasuriya]

One issue in creating a social network is whether the sponsor of the network will be liable for what is said through the network.

I've been reading David Solove's book The Future of Reputation (which I recommend). In the book Solove notes that Communications Decency Act (CDA) 47 U.S.C.A. § 230(c)(I) effectively gives ISP immunity from civil liability. (I'm reprinting the section at the bottom of this message.)

Courts have been very expansive in granting immunity. See immunity granted in Zeran v. America Online, Inc., C.A.4 (Va.) 1997, 129 F.3d 327.
Solove argues that even if there is immunity, internet hosting services should promptly remove false or harmful information when they learn of the information.

My questions are:

1. If your parent organization wants to create a social network, how do we use the CDA in order to prepare an ethical social network?

2. Given this immunity, do we have a moral or ethical duty to respond if there is false or harmful information on the social network?

3. If we do have a duty, how do we promote responsible communication habits? Do we simply advertise a system for people ask for information to be removed? Should hosting institutions have the right to edit people’s profiles in order to remove false or harmful statements? Should we be more proactive by creating classes that teach proper social networking etiquette?

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47 U.S.C.A. § 230
(a) Findings

The Congress finds the following:
(1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.
(2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops.
(3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.
(4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation.
(5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.
(b) Policy

It is the policy of the United States--
(1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
(2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;
(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
(4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material; and
(5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.
(c) Protection for “good samaritan” blocking and screening of offensive material
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of--
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1). [FN1]
(d) Obligations of interactive computer service

A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections.

(e) Effect on other laws
(1) No effect on criminal law
Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of Title 18, or any other Federal criminal statute.
(2) No effect on intellectual property law
Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.
(3) State law
Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.
(4) No effect on Communications Privacy law
Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law.
(f) Definitions

As used in this section:
(1) Internet
The term “Internet” means the international computer network of both Federal and non-Federal interoperable packet switched data networks.
(2) Interactive computer service
The term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
(3) Information content provider
The term “information content provider” means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.
(4) Access software provider
The term “access software provider” means a provider of software (including client or server software), or enabling tools that do any one or more of the following:
(A) filter, screen, allow, or disallow content;
(B) pick, choose, analyze, or digest content; or
(C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
CREDIT(S)

(June 19, 1934, c. 652, Title II, § 230, as added Feb. 8, 1996, Pub.L. 104-104, Title I, § 509, 110 Stat. 137; Oct. 21, 1998, Pub.L. 105-277, Div. C, Title XIV, § 1404(a), 112 Stat. 2681-739.)

[Connie Crosby]

What is our role, as librarians, in maintaining freedom of information? I would be very reluctant to advocate removing people's opinions. A practical discussion along these lines has recently taken place over at LISNews: When To Say When: Is it ever appropriate for us to shut down a thre....

Full disclosure: I have in the past closed down comments to one or two of my blog posts in the face of a cease-and-desist letter and after discussion with lawyers. In Canadian law anonymous comments may be considered the responsibility of the website's owner (although I don't think that has been tested in court). I do regret having done this. (Hmmm....wonder if I can open them back up again now that the controversy has blown over?)