Clean Up Those Bogus Profiles, Pronto!

PUBLIC KNOWLEDGE -- May 19 -- Over the years, the CDA (Communications Decency Act) has been criticized for giving Web sites too much of a free pass. Under the act, website couldn't be held liable for content posted by others. The scope of the CDA's immunity has been called into question. The Fair Housing Council filed suit against Roommates.com because the site provided pull-down menus that allowed users to choose what kind of roommate they wanted based on race, sexual orientation and gender, the court found that they were responsible for developing content and that they were not entitled to immunity under the CDA. Another suit has been filed against AdultFriendfinder because someone created a fake profile that "reasonably identified" someone. They complained and FriendFinder removed the profile, but it continued to appear in "teaser" ads. The court dismissed the plaintiff's tort claims for defamation and intentional infliction of emotional distress—but didn't dismiss her claim based on her "right of publicity". Since right to publicity claims vary from state to state, sites would have to tailor their practices to the lowest common denominator and make sure they followed the most restrictive state laws, or face the possibility of being liable for violating a state intellectual property law. FULL ARTICLE @ PUBLIC KNOWLEDGE