Vol 7 No 1 - Roger Williams University School of Law

Notes and CommentsMaking Waves In Statutory SafeHarbors: Reevaluating InternetService Providers’ Liability for Third-Party Content and CopyrightInfringementWith the growth of the Internet1 as a medium ofcommunication, the appropriate standard of liability for accessproviders has emerged as an international legal debate.2 InternetService Providers (ISPs)3 have faced, and continue to face,potential liability for the acts of individuals using their services toaccess, post, or download information.4 Two areas of law wherethis potential liability has been discussed extensively aredefamation and copyright law.5In the United States, ISP liability for the content of thirdpartypostings has been dramatically limited by theCommunications Decency Act of 1996 (CDA).6 However, ISPs inAmerica do not face the same degree of immunity for third-party1. See generally Reno v. Am. Civil Liberties Union, 521 U.S. 844, 849-51 (1997)(describing the development and operation of the Internet).2. See generally Rosa Julia-Barcelo, Liability for On-Line Intermediaries: AEuropean Perspective, 1998 Eur. Intell. Prop. Rev. 20(12) 453-63 (describing the issueof ISP liability and its dimensions).3. See Mitchell P. Goldstein, Service Provider Liability for Acts Committed byUsers: What You Don’t Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591,592 n.1 (2000) (describing Internet service providers as computer systems providingindividuals with modem access to the Internet).4. See Julia-Barcelo, supra note 2, at 453.5. See Religious Tech. Ctr. v. Netcom On-Line Communication Services, Inc., 907F. Supp. 1361, 1367 n.10 (N.D. Cal. 1995).6. 47 U.S.C. § 230 (1996).237