Reference no: EM132731045
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 suit 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?
Chicago Lawyers Committee for Civil Rights Under Law, Inc. v. Craigslist, 519 F.3d 666 (7th Cir. 2008).
Question 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? Cite to appropriate legal principles when explaining your answer.
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