Designer Skin LLC v. S & L Vitamins, Inc., et al.
Jane Doe One, et al. v. Shannon Oliver, et al.
2000 Conn. Super. Lexis 570, 46 Conn. Supp. 406, 755 A.2d 1000 (Sup. Ct. Conn., March 7, 2000)
Court holds that under Communications Decency Act, ("CDA"), 47 U.S.C. §230, America Online ("AOL") is immune from suit seeking to hold it liable for participating in the transmission, as an ISP, of an e-mail message composed by another defendant (unaffiliated with AOL) to various individuals.
The complaint arises out of an e-mail message sent by one of the defendants, Lisa Oliver, to various other individuals, the content of which plaintiffs found objectionable. The plaintiffs alleged that "AOL provided Internet services through which [defendant] Lisa Oliver sent the aforementioned e-mail." Plaintiffs sought damages from AOL for this conduct on theories of negligence, negligence per se. creation of an intentional nuisance, recklessness, intentional infliction of emotional distress and breach of contract.
On AOL's motion, the court dismissed these claims, holding that the CDA granted AOL immunity therefrom. Said the Court:
By its plain language, Section 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.