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Westlaw News

Justice Thomas backs future effort to rein in tech immunity under Section 230

U.S. Supreme Court Justice Clarence Thomas signaled Tuesday that the scope of legal immunity for online platforms under Section 230 of the Communications Decency Act has been interpreted too broadly, saying the court should use a future case to tackle the issue.

Thomas wrote in a statement that while he agreed with the court’s decision Tuesday not to hear a Section 230 appeal in a legal fight between software companies Malwarebytes Inc and Enigma Software Group USA, “in an appropriate case, we should consider whether the text of this increasingly important statute aligns with the current state of immunity enjoyed by Internet platforms.”

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