State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute along the Way6 02 2013
An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party. The plaintiff claimed that he had notified the employer that the employee was threatening and harassing him, but the employer failed to take action to stop the employee’s conduct. Lansing v. Southwest Airlines Co., 2012 IL App (1st) 101164 (Ill. Ct. App. June 8, 2012).
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Categories : Cyberbullying, defamation safe harbor (cda), Digital IP Torts, electronic communications privacy act (ECPA)