A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: § 230

Artist's interpretation of the Sword of Algorithms piercing the Shield of § 230.
Artist's interpretation of the Sword of Algorithms piercing the Shield of § 230. AI-Generated, displayed with permission

There has been a lot of political talk lately about § 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity for certain kinds of claims related to user-generated content on social media. It's a hot-button, IP-adjacent topic.

Judge Williams today addressed the question of whether § 230 operates to shield Meta / Facebook from the effects of its algorithms. The case is between former Governer Mike Huckabee and Meta, and involves privacy, publicity, false light, and unjust enrichment claims related to ads Facebook hosted that suggested Governor Huckabee was associated with a CBD product:

[Plaintiff claims that t]o promote …