Section 230 of the Communications Decency Act of 1996 (the CDA) provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by others. However, the Ninth Circuit Court of Appeals ruled in Fair Housing Council of San Fernando Valley v. Roommates.com, LLC that the Roommates.com roommate matching service was not entitled to immunity under Section 230 for claims brought under the federal Fair Housing Act. The court concluded that because of the manner in which the service elicited information from users concerning their roommate preferences, and the manner in which it utilized that information in generating roommate matches, the matching service itself created or developed that information within the meaning of Section 230, and thus was responsible for it as an “information content provider.”

If you are the operator of an “interactive computer service” you should periodically review how your service elicits, collects, and utilizes user information in order to avoid being labeled the “information content provider” of such information and lose your CDA immunity.

–Matt