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In YOLO Ruling, Ninth Circuit Cracks Open Pandora’s Box For Section 230
The Ninth Circuit appeals court seems to have figured out the best way to “reform” Section 230: by pretending it doesn’t apply to some stuff that the judges there just randomly decide it doesn’t ap…
The court determines that YOLO’s statements about unmasking harassers meant that it had made a promise, a la Barnes, and therefore had effectively violated an obligation which was separate from its publishing activities that were protected by Section 230. Specifically, Plaintiffs allege that YOLO represented to anyone who downloaded its app that it would not tolerate “objectionable content or abusive users” and would reveal the identities of anyone violating these terms. That ruling also contained a separate concurrence (oddly written by the same Judge who wrote the opinion, but which apparently he couldn’t get others to agree to) that just out and out trashed Section 230 and basically made it clear he hated it.
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