From: Law 360
Date: August 11, 2017
By: Kyle Jahner
. . .
Catholic University of America law professor Mary Graw Leary, who has been active on the issue, said the tech companies likely want to retain the type of immunity granted to Backpage to quickly toss lawsuits before discovery. She said that legally companies remain heavily protected behind the high standard of “knowing” plus Section 230’s immunity for anything short of it. She said that many had advocated a lower standard of “reckless” in which the company saw risk but did nothing.
“The characterization of this bill as one proposing new liability I don’t think is accurate,” Leary said, describing changes as a clarification that updates law written before some of the crimes and their methods had been invented. “Companies still have the same protections we want them to have. That this would encourage them not to [remove content] is a red herring.”
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Professor Mary G. Leary's
Areas of Expertise
Criminal Law, Criminal Procedure, and Technology
Exploitation of children and women
Human Trafficking
For additional information about our professors' areas of speciality, see the Catholic University Experts page.