The popular Craigslist Web site is not legally liable for allegedly discriminatory housing ads posted by its users, a federal judge in Chicago ruled in a case pitting landmark internet and fair housing laws against each other.
The 1968 Fair Housing Act bars housing discrimination, and newspapers and other publishers of ads deemed discriminatory can be held liable for violating the law. But the 1996 Communications Decency Act (CDA), in an attempt to promote unfettered free expression online, shields web forums from liability for ads and opinions posted by their users. That's what Craiglist argued in its defense in the Chicago case, and it was joined in friend-of-the-court filings by such Internet giants as Amazon.com, eBay, Google, Yahoo! and AOL.
The battle boils down to the definition of a publisher. Craigslist is indeed an interactive computer service, a conduit of information provided by others, Judge Amy St. Eve said in a written opinion that effectively dismisses the case. Thus, under the 1996 communications law, Craigslist can't be treated as a publisher, she wrote in the decision.
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