Is CyberConnect considered a publisher and liable for the content of Market Reach’s ad?
student A
Issue:
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Order Paper NowIs CyberConnect considered a publisher and liable for the content of Market Reach’s ad?
Rule:
The Communications Decency Act(CDA) states that, “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.”
Application:
Pepper, a CyberConnect subscriber, simply said that she objected to the content sent by the third party Market Reach. She did not state that the content violated any federal or state law, and claimed that CyberConnect should not allow the content to be published. The ad was published by the third party marketing company, and not CyberConnect. CyberConnect did not republish the ad, and it is not clear if the ad is defamatory which would break the law. CyberConnect is protected by the CDA, and no exceptions apply to this situation.
Conclusion:
Market Reach targets people by their direct interaction with the internet service provider. Pepper saw the publication by Market Reach because their software determined that she searched and looked at the material they were marketing. Because of this, it is not CyberConnects fault for publishing anything, Market Reach published it, and the Communications Decency Act protects the internet service provider. CyberConnect is not considered the publisher and should not be liable for any third party advertisements.
If Market Reach sent a personal e-mail to Pepper, that contains the content she does not like, she could opt out of receiving anymore spam e-mails, and that should be the end of it. As per the state regulation of spam of the state Pepper resides in, that requires spam to have a link or toll free number to call to unsubscribe.
If Market Reach got a hold of the email address for Pepper, then CyberConnect could be held liable for privacy infringement, providing advertising companies with uses personal, private information.
