• Law
High School

Internet Service Providers ("ISP") cannot be held liable for the posts of their subscribers under which act or acts?

A. Communications Decency Act
B. Stored Communications Act
C. Both A and B
D. DMCA

Answer :

Final answer:

ISPs are typically not held liable for subscriber posts under the Communications Decency Act, which provides them legal immunity. The Stored Communications Act offers certain protections, but it's the CDA that primarily addresses liability issues. Understanding these laws is essential for navigating electronic commerce and online content regulation.


Explanation:

Internet Service Providers and Liability


In the context of Electronic Commerce, Internet Service Providers (ISPs) cannot be held liable for the posts of their subscribers primarily under the Communications Decency Act (CDA). Specifically, Section 230 of this act provides immunity to ISPs and online platforms, shielding them from legal liability for user-generated content. This legal protection allows ISPs to host and transmit content without the risk of being held accountable for what their users post.


Additionally, the Stored Communications Act (SCA) also provides certain protections for ISPs regarding the disclosure of stored electronic communications, but it does not specifically address liability for user content. Therefore, while both acts contribute to the legal framework governing ISPs, it is the Communications Decency Act that primarily absolves them from liability concerning subscribers' posts.


Conclusion


In summary, ISPs are shielded from liability under the Communications Decency Act, which is crucial for maintaining a free and open internet where users can freely express themselves without fear of repercussions for their posts.


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