Do The New SEC Rules On Linking Violate Section 230 Safe Harbors?
from the maybe-so... dept
Eric Goldman has submitted comments to the SEC explaining how its recent guidelines concerning the liability for companies based on links on their websites most likely violates the safe harbor provisions in Section 230 of the CDA. Section 230, as we’ve discussed over and over again, provides a clear safe harbor to protect third parties from liability for the actions of others. While we personally think it should just be common sense that third parties shouldn’t be liable for the actions of others, it’s been clear for way too long that common sense isn’t really all that common.
In this case, the SEC indicated that some companies may be liable for content on third party sites that they link to, if the link gives the impression that the company has approved or endorsed the info. As Goldman points out, this appears to be in violation of the safe harbors, as no one should be liable for content they have no control over — even if they indicate they might endorse that content.