Understand Section 230 of the Communication Decency Act, how it operates, and the laws/regulations behind it.
Section 230 of the Communications Decency Act is an extremely powerful internet law intended to free internet platforms and providers from the types of liability often directed at publishers. But it also is one of the most misinterpreted enactments of modern times, misunderstood by internet service providers, internet content providers, legislators, and the public alike. Some see Section 230 as a shield, others see it as a sword. Still, others see it as both a shield and a sword. Now, in the face of much vigorous and heated political and philosophical debate regarding the proliferation on the internet of extremist ideologies, misinformation, allegations of false news, concerns regarding domestic and foreign tampering with United States elections, and anonymity of content providers, it has become a focus-point for potential amendment. Decisions of the largest Internet Service Providers before, during, and in the aftermath of the 2020 federal elections have heightened scrutiny and conflict regarding the future of Section 230. This topic is designed to help legal practitioners and those who provide, post, or use the internet to understand this important law. Learn valuable tips and best practices to protect yourself and others from the perils of the Internet and to empower Internet companies to control their Internet platforms.
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Agenda
What Is CDA § 230?
- The Goal: To Free Internet Service Providers and Platforms From the Responsibilities Assigned to Traditional Publishers
- The Text: No Provider or User of an Interactive Computer Service Shall Be Treated as the Publisher or Speaker of Any Information Provided by Another Information Content Provider
- What Does It Cover?
- To Whom Does It Apply?
- Exceptions
Conflicting Interpretations as to What CDA § 230 Does (or Should Do)
- Does CDA § 230 Require Neutrality as a Predicate for Immunity?
- Does CDA § 230 Absolve Internet Platforms of All Responsibility for What Users Post on Their Platforms?
- Can CDA § 230 Simultaneously Grant Freedom and Mandate Social Responsibility?
- Threats to CDA § 230
Misconceptions Regarding CDA § 230
- Exploring the Exercise of Editorial Functions
- Is Censorship Allowed? Is Censorship Required? Should It Be?
Legal Case Studies
Factual Case Studies (the 2020 Election and Its Aftermath)
Best Practices for Internet Service Providers and Internet Content Providers
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OnDemand Course
This course was last revised on March 15, 2024.
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- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- IN CLE 1.1
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- MT CLE 1.0 including Ethics 0.75
- This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.0 CLE credits, which includes 0.75 hour of ethics credit.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
- NALA 1.07
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.07 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NJ CLE 1.3
- NM CLE 1.0
- NY CLE 1.0 including Areas of Professional Practice 1
- VT CLE 1.0
- WA CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Mary Ann L. Wymore
UB Greensfelder LLP
- Shareholder, Greensfelder, Hemker & Gale, P.C.
- Panel mediator/arbitrator for United States Arbitration & Mediation (USA&M); panel mediator for the International Trademark Association (INTA); and panel mediator for numerous federal and state courts
- Legal practice focused on alternative dispute resolution and substantive aspects of advertising, media and communications law, intellectual property, First Amendment, privacy, and defense of related consumer class actions
- Conducts regular seminars and workshops on ADR and substantive issues involving advertising, media, social media, communications, privacy, regulatory compliance, and related matters
- Teaches classes in media law and electronic media law
- Achieved the highest rating in the Martindale-Hubbell Law Directory
- The Best Lawyers in America, Advertising Law, 2010–2023
- Member of the California Bar, Missouri Bar/Media Law Committee, Bar Association of Metropolitan St. Louis/Patent Trademark Copyright Section (vice chair), ABA Communications Law Forum, Association of National Advertisers, and International Trademark Association/ADR Committee
- J.D. degree, Southern Methodist University School of Law
- Can be contacted at [email protected] or 314-516-2662
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