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Computer Law Commons

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Cleveland State University

2022

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Full-Text Articles in Computer Law

The Hydraulics Of Intermediary Liability Regulation, Ben Horton Mar 2022

The Hydraulics Of Intermediary Liability Regulation, Ben Horton

Cleveland State Law Review

The intermediary immunity created by Section 230 probably protects claims based on the non-legal harms of hate speech and misinformation as well as a European-style proportionality system of content moderation better than a more “legalized” intermediary liability regime would. Contrasting the existing non-copyright content moderation systems with empirical research on the effects of the Digital Millennium Copyright Act (DMCA) shows that a comprehensive regulation of content moderation would incentivize the moderation of defamation and negligence claims at the expense of these important non-legal claims and incentivize a homogenous, categorical approach to content moderation. Furthermore, empirical research on the effects of …