In order to avoid legal liability, computer service providers must generally refrain from being involved in the creation of the content at issue. Although computer service providers are permitted to engage in “traditional editorial functions” and still be eligible for safe harbor protection, any involvement with the drafting or revision of content could expose the service provider to liability. Yelp’s website utilizes an automated system that filters reviews, but the courts determined that such activity falls squarely within the scope of “traditional editorial functions” and does not render Yelp a content provider. Westlake and Plofchan asked the Supreme Court to reconsider the lower court decisions, but the Supreme Court declined.
For more information about the CDA, please contact Anthony V. Lupo, Sarah L. Bruno, or Dan Jasnow.