The Legal Issues Are Somewhat Cloudy In The Cloud – Cloud Computing
"Cloud computing" has become a very hot topic. For the uninitiated, "cloud computing" generally refers to providing access to computer software through an Internet browser, with the software and data stored at a remote location at a "data center" or "server farm," instead of on the computer's hard drive or on a server located on the user's premises. This is also referred to "software as a service."
Therefore, the question becomes whether the actions are sufficient enough to transform the service provider into a content provider. Most generally believe that one who simply allows for posting of user-generated content qualifies for immunity under the CDA.
However, as shown above by the CDA's limitation on immunity, participation in the creation or development of that user-generated content may subject the computer service provider to liability. The question, therefore, is: What is the role of the website operator?
The questions a website operator asks users, the information provided in drop-down boxes to users completing a profile, the searches and algorithms run by the website operator utilizing such data, and related considerations are all important when analyzing whether or not the CDA's immunity applies. New court decisions are being issued on Section 230 regularly, and it is imperative that website operators understand the scope of their liability as it relates to their use of user-generated content.
Generally speaking, the more neutral the website, the more likely the website operator will be deemed a service provider rather than a content provider. However, questions still remain as to what particular requirements or other activity may cause the CDA's immunity to not apply
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Tags: Algorithms, Cda, Computer Service Provider, Computer Software, Content Provider, Court Decisions, Cyber Law, Drop Boxes, Drop Down Boxes, Hard Drive, home selling, Hot Topic, Immunity, Internet Browser, mortgage, Mortgage Loan, mortgage refinance, Participation, Premises, Scope, Server Farm, User Generated Content, Website Operator, Website Operators