John L. Trotti

John Laurence Trotti

John TrottiEmory University School of Law, 2L

The protections that the Communications Decency Act (CDA) affords Internet Service Providers (ISPs) against defamation and libel claims are not only too broad but also undermine portions of the act's purpose.In passing the act in 1996, Congress sought to promote the growth of the Internet and interactive media by ensuring that state and federal regulation did not interfere with the Internet's free market competition.Thus, section 230(c) of the act barred defamation and libel claims by providing 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."

This protection is necessary for ISPs because of the millions of potentially defamatory or libelous postings and messages made on electronic bulletin boards and web sites.Not only would such liability threaten the economic viability of the Internet it would also force ISPs to filter and censor the information available through their service.
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John L. Trotti is a second year law student at Emory University School of Law.John has an interest in Internet law and can be reached at mailto:jtrotti@prodigy.net..

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