Question

1. Immunomedics was alerted that there was some negative buzz about the company in a chat room. The poster used a pseudonym, and therefore the company was unable to identify the poster for lawsuit purposes. The only information the company could ascertain was the poster’s ISP. So the company decided to subpoena the ISP for identity information of the poster in order to file suite against the poster. How should the courts handle these cases, where the company’s complaints may, or may not rise to the level of an actionable legal claim?
2. Users of the popular Internet website Craigslist are able to post advertisements for housing that permit statements regarding the preference, limitation, or discrimination of others based on race, religion, sex, or family status. The Fair Housing Act (FHA), however, prohibits making, printing, or publishing a notice, statement, or advertisement for sale or rental of dwellings indicating preference, limitation, or discrimination based on protected classes. As such, the Chicago Lawyers Committee for Civil Rights Under Law, Inc. brought suit against Craigslist alleging a violation of the FHA. In defense, Craigslist claimed that it was immune from liability based on Section 230(c)(1) of the CDA, which protects interactive computer services from liability for unlawful third-party content. Should Craigslist be subject to liability for FHA violations? Why or why not?

Answer 1

Explanation:

1.)

If the only information that this company was able to get is the ISP then they should provide it to the court and then the court handles it by ordering that the ISP be registered. through the ISP, details of the poster would be ascertained and. this poster would be caught. The company can then decide to take legal actions because this a a degradation on the company and it is also a form of social harassment.

But in a situation where the complaints is unable to be proven because of insufficient facts, then a lawsuit cannot be filed.

2.)

craigslist cannot or shouldn't be subjected to any liability for FHA violations after all they are just a service provider and shouldn't be held responsible for the violations or unlawful practices of a another party. What craigslist engages in is the provision of platform for users to be able to post advertisements.