The Third Circuit recently issued an opinion upholding the federal cyber-stalking statute against a constitutional challenge in United States v. Ho Ka Yung. Yung was convicted of cyber-stalking after he instituted a campaign of harassment against a Georgetown Law alumnus interviewer and his family. Though he pled guilty, Yung preserved the right to appeal
Section 230 immunity, which long has protected entities that host online platforms from liability for their users’ actions, may be significantly cut back. Although the U.S. Supreme Court recently declined to hear Doe v. Facebook, which would have given it an opportunity to clarify and/or narrow existing interpretations of Section 230, there are calls from members of Congress to amend the law, in addition to agreement from executive agencies to do so. Section 230 may be amended further to create a duty of reasonable care, particularly with respect to online trafficking and child exploitation. Even in the absence of legislative change, lower courts have begun and may continue to chip away at what previously was considered Section 230’s broad immunity.
Continue Reading Trafficking and Child Exploitation Online: The Growing Responsibilities of Online Platforms