Congress had no idea why spam was a problem and therefore did not draft legislation designed to address the problem. http://ssrn.com/abstract=487162 Instead, they took a shotgun approach of trying to legislate against a panoply of problems, which meant that the law was not designed to fix any single problem and therefore was not going to succeed even from day 1. Eric.
The post says "The US Communications Deceny Act section 230 grants providers of internet services (such as the Wikipedia and Wikinews) immunity from legal action related to their user-generated content provided they do not exercise pre-publication control." But this is factually inaccurate. 230 applies even if a website exercises editorial control prior to publication. See, e.g., Blumenthal v. Drudge. Eric.
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Congress had no idea why spam was a problem and therefore did not draft legislation designed to address the problem. http://ssrn.com/abstract=487162 Instead, they took a shotgun approach of trying to legislate against a panoply of problems, which meant that the law was not designed to fix any single problem and therefore was not going to succeed even from day 1. Eric.
The post says "The US Communications Deceny Act section 230 grants providers of internet services (such as the Wikipedia and Wikinews) immunity from legal action related to their user-generated content provided they do not exercise pre-publication control." But this is factually inaccurate. 230 applies even if a website exercises editorial control prior to publication. See, e.g., Blumenthal v. Drudge. Eric.