Friday, July 24, 2009

Family of Staten Island murder victim set to file suit over Facebook photo -

Family of Staten Island murder victim set to file suit over Facebook photo - SILive.comThis is a tragic story. But the law is clear. You can't sue Facebook or any other service provider for what their users do. Not unless thei user is controlled by the service provider. The CDA ( a law designed to censor content sent or posted online, originally and that was found laergely unconstitutional) has a provision that provides immunity from suit in these kinds of cases.
While it might sound harsh for a grieving family looking for someone to hold accountable it makes sense.
Would you sue the phone company for what one of their subscribers say on a call? Of course not. And the same rules should apply to a service provider with more than 225 million users. They don't, and don't have to, monitor everything said or posted by their users anymore than the phone company does.
My heart goes out to the family.
But the lawyers should know better.
The law is clear.
They should be going after the people who took and posted the images.
Not Facebook.


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