It states, “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.” §230(c)(1). IĮnacted at the dawn of the dot-com era, §230 contains two subsections that protect computer service providers from some civil and criminal claims. I write to explain why, in an appropriate case, we should consider whether the text of this increasingly important statute aligns with the current state of immunity enjoyed by Internet platforms. I agree with the Court’s decision not to take up this case. Courts have long emphasized nontextual arguments when interpreting §230, leaving questionable precedent in their wake. But the court’s decision to stress purpose and policy is familiar. The decision is one of the few where courts have relied on purpose and policy to deny immunity under §230. The Ninth Circuit relied heavily on the “policy” and “purpose” of §230 to conclude that immunity is unavailable when a plaintiff alleges anticompetitive conduct. In its defense, Malwarebytes invoked a provision of §230 that states that a computer service provider cannot be held liable for providing tools “to restrict access to material” that it “considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” §230(c)(2).
#Is malwarebytes free 2015 or trial download
Enigma sued Malwarebytes, alleging that Malwarebytes engaged in anticompetitive conduct by reconfiguring its products to make it difficult for consumers to download and use Enigma products.
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This case involves Enigma Software Group USA and Malwarebytes, two competitors that provide software to enable individuals to filter unwanted content, such as content posing security risks. But many courts have construed the law broadly to confer sweeping immunity on some of the largest companies in the world. And in the 24 years since, we have never interpreted this provision. When Congress enacted the statute, most of today’s major Internet platforms did not exist. This petition asks us to interpret a provision commonly called §230, a federal law enacted in 1996 that gives Internet platforms immunity from some civil and criminal claims. Statement of Justice Thomas respecting the denial of certiorari. The petition for a writ of certiorari is denied.
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