On Monday, the Supreme Court granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021) on the following question presented: “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?” This is the first opportunity the Court has taken to interpret 47 U.S.C. § 230 (“Section 230”) since the law was enacted in 1996.
Alexandra (Ali) Cooper-Ponte’s practice focuses on regulatory, enforcement, litigation, and investigations matters involving emerging technologies and national security. She advises clients on compliance with surveillance, cybersecurity, and data privacy laws and on trust and safety issues.
Prior to re-joining the firm, she clerked for Judge José A. Cabranes, United States Circuit Judge of the United States Court of Appeals for the Second Circuit. She also worked on electronic surveillance and law enforcement access issues at a large technology company prior to law school.
Last week, in Doe #1 et al. v. MG Freesites Ltd. et al., No. 7:21-cv-00220-LSC, 2022 WL 407147 (N.D. Ala. Feb. 9, 2022), the Northern District of Alabama permitted plaintiffs to proceed with a proposed class action against Pornhub for allegedly profiting from child sex trafficking and exploitation videos uploaded to its platform. The claims were brought under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) and federal child sexual abuse material statutes. U.S. District Judge L. Scott Coogler rejected Pornhub’s defense that section 230 of the federal Communications Decency Act shields it from liability for plaintiffs’ claims. Section 230 generally immunizes “interactive computer service[s]” from liability for content provided by third parties. 47 U.S.C. § 230(c).…