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This is very interesting news, Moxie. Very interesting news. What about Moderators who themselves post offensive/libelous messages? Presumably they're still boned?



In analyzing the availability of the immunity offered by this provision, courts generally apply a three-prong test. A defendant must satisfy each of the three prongs to gain the benefit of the immunity:

1. The defendant must be a "provider or user" of an "interactive computer service."

2. The cause of action asserted by the plaintiff must "treat" the defendant "as the publisher or speaker" of the harmful information at issue.

3. The information must be "provided by another information content provider," i.e., the defendant must not be the "information content provider" of the harmful information at issue.

I think under the third prong of this test the person seking immunity cannot be the one posting the harmful content. So, it protects Jeff as the owner of the board and his employees. But it does not protect Smelly Monkey since he ALLEGEDLY posted the POTENTIALLY harmful content.
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"This thing is ready to do damage!"