EFF filed a brief this week in the U.S. Court of Appeals for the Ninth Circuit arguing that app stores should not be liable for user speech just because they recommend that speech or process payments for those users. Those stores should be protected by Section 230, a law that protects Americans’ freedom of expression online by protecting the intermediaries we all rely on. Absent Section 230 immunity in these contexts, the platforms would be forced to censor user speech to mitigate their legal exposure.
The case is actually three consolidated cases where the plaintiffs sued the leading app stores: Google Play, Apple’s AppStore, and Facebook. The plaintiffs’ claims relate to the app stores offering “social casino” apps, where users can buy virtual gambling chips with real money but can’t ever cash out any chips they win. The plaintiffs argue that these apps amount to illegal gambling. The app stores not only offer and promote these social casino apps, they also facilitate the in-app purchases (also called microtransactions) for the virtual gambling chips.
At issue on appeal is the part of Section 230 that provides immunity to internet websites, apps, and services when they are sued for user-generated content. Section 230 is the foundational internet law that has, since 1996, created legal breathing room for online intermediaries (and their users) to host or share third-party content. Online speech is largely mediated by these private companies, allowing all of us to speak online, access information, and engage in commerce, without requiring that we have loads of money or technical skills.
< ..
Support the originator by clicking the read the rest link below.
