Wisconsin Appeals Court Blows Open Big Holes in Section 230–Daniel v. Armslist – Technology & Marketing Law Blog: "Congress eviscerated Section 230 via the Worst of Both World FOSTA, but defendants have been doing well with Section 230 defenses over the past year-plus. Then, last week, a Wisconsin appeals court issued a published opinion that massively screws up Section 230 jurisprudence.
I don’t know if the timing is a coincidence or a signal of broader common law retrenchment of Section 230 post-FOSTA. Either way, it’s very troubling.
The case relates to a shooting in the Milwaukee area that killed four people and wounded four others. The shooter found the seller of the gun and ammo on Armslist, an online marketplace for such things, even though the shooter was subject to a court order banning him from owning a gun. (The maxim “if guns are outlawed, only outlaws will have guns” seems vaguely apropos here). The shooter and seller consummated the transaction offline, so Armslist functioned as an online classified advertising service. (Thus, this case doesn’t turn on Armslist functioning like a marketplace; contrast the Airbnb v. SF ruling).
A shooting victim’s estate sued Armslist for negligence for its role in the transaction.
The lower court dismissed the case on Section 230 grounds. The appeals court reversed." 'via Blog this'
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