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Ian Ballon, Greenberg Traurig

In January 1996, shortly after it was enacted, I wrote one of the first articles on the Good Samaritan exemption created by the Telecommunications Act of 1996 (47 U.S.C. §230(c)—popularly referred to as the Communications Decency Act or CDA), correctly arguing that it preempted claims against interactive computer service providers and users, not merely for defamation, but for a broad array of claims. I did not, however, envision that subsection 230(c)(1) would be construed as broadly as it has been over the past two decades, or that subsection 230(c)(2) would be applied as infrequently. Indeed, when the district court and then the circuit court decided Zeran v. AOL, I was critical of their analytic approach, as some may remember from early articles in The Cyberspace Lawyer.

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