SERVICE PROVIDER
LIABILITY
Obscenity: Overview
● Background
Statutes prohibiting interstate transportation of obscene materials (18
U.S.C. 1465).
Statute applies to digital images transmitted by BBS over phone lines.
Community standard for indecency is community into which materials downloaded.
Theory of vicarious liability might create liability for Service Provider.
If user’s underlying conduct is actionable and service provider knew or should have
known of the illegal nature of the conduct, it may be liable.
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§ Communications Decency
Act
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Targets services knowingly sending obscene or indecent material (dealing with sex) to
persons under 18.
Would hold Service Providers liable if they knowingly permit their system to be used to
violate CDA.
Defenses: (1) no liability if service provider only provided access to materials not
under their control, (2) no liability if service provider takes a "good faith,
reasonable, effective, and appropriate" steps to restrict minors’ access to
obscene material.
Search engines and links to search engines may deny services providers first defense.
FCC may be involved in determining what measures are reasonable, effective, and
appropriate" to restrict minors’ access to obscene materials.
Service Provider Liability Pages
Introduction •
Table of Contents
Prepared for
Professor Laura
Gasaway's Cyberspace Law Seminar (Law
- 357C)
UNC School of Law - Spring 1997
By: Ashe Lockhart
(Webmaster) & Carol Kozar
Instructor:
Laura N. Gasaway,
Professor of Law and Director of the Katherine
R. Everett Law Library
Copyright © 1997 Ashe
Lockhart & Carol Kozar
