On Nov. 3, the Fourth Circuit Court of Appeals rendered a decision in Henderson v. Private Data that could revolutionize the internet, concluding that Section 230 of the Communications Decency Act does not immunize “all” online publication decisions. The Fourth Circuit Court just determined Section 230(c)(1) no longer protects a service provider when it acts upon third-party content (i.e., as a secondary publisher or content provider), especially if those substantive contributions are unlawful.
Simply put, we have been right all along, and we now have the conflicting circuit court precedent to prove it. The Supreme Court needs to consider the
