Friday, February 16, 2007

MySpace district court decision

The Texas Western District Court dismissed a civil action against social network interface MySpace Tuesday in which the plaintiff, a minor, alleged she was sexually assaulted by an individual she met thru that site. (Opinion)

The Court found that provisions of the federal Communications Decency Act immunizes MySpace from liability based on material posted on the site, stating that “if anyone had a duty to protect the plaintiff it was her parents, and not MySpace.”

This particular case began last summer, but it wasn’t the first of its kind or against MySpace. Another dating site, Xanga.com, paid a $1 million civil penalty incurred for violations of the Children’s Online Privacy Protection Act last September, and faced other provisions invoked by the Federal Trade Commission. Anita Ramasastry, a law professor at the University of Washington and one of FindLaw.com’s columnists, contrasted the two cases in an article earlier this year addressing the issue and some potential solutions. (Article)

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