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Immunity for Web Site Owners
Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web. As such, over a decade ago, Congress enacted Section 230 of the Communications Decency Act (“CDA,” see, www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230—-000-.html), which effectively immunized qualifying service providers from most tort liability for publishing third-party content.
This article discusses CDA immunity generally and the broad interpretation afforded by the majority of courts, certain limitations to immunity and some practical guidelines for providers to stay within the CDA's protections.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.