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State AGs Want Ability To Prosecute ISPs for Third-Party Content

ONLINE PRIVACY—U.S.

July 19, 2013

“If you want to run a European Internet company dealing with user-generated content, be prepared to put your personal liberty at stake,” reports Forbes. The analysis is based on recent cases involving ISP executives charged with various crimes due to the content their users posted. But Europe isn’t the only place such dangers lurk. At a meeting of the National Association of Attorneys’ General last week, it was revealed that some state AGs are drafting a letter to Congress that would exclude state criminal prosecutions from Section 230, a provision that says websites aren’t liable for user-generated content or other third-party content. Essentially, the change would allow state AGs to prosecute Internet companies, including their executives, for violating state law via publication of third-party content.
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