Law Commons^™

Regulating Cyberbullies Through Notice-Based Liability, Brad Areheart

College of Law Faculty Scholarship

With the growth of the Internet's uses and abuses, Internet harassment is making headlines. Given its immediacy, anonymity, and accessibility, the Internet offers an unprecedented forum for defamation and harassment. The salient problem with such cyberbullying is that victims are typically left without adequate recourse. The government should provide recourse by curtailing the near absolute immunity Internet Service Providers (ISPs) currently enjoy under the Communications Decency Act (CDA) and implementing a notice and take-down scheme similar to that for copyright infringement under the Digital Millennium Copyright Act (DMCA) for certain torts.