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36 Berkeley Tech. L.J. 1227 (2021)
Revisiting Roommates.com

handle is hein.journals/berktech36 and id is 1274 raw text is: REVISITING ROOMMATES.COM G.S. Hanst ABSTRACT Fair Housing Counil of San Fernando Valley v. Roommates.com holds an important place in the history of cases interpreting 230, the federal law which has facilitated the growth of the modern internet. But unlike many other 230 cases, which concern defamation claims, Roommates.com focused on alleged violations of the Fair Housing Act. The Fair Housing Act, the final major 1960s federal civil rights law, holds an important place in our racial justice history-one that 230 and the Roommates.com decision limit. This Article examines the history and legacy of Roommates.com, situating it within the framework of the Fair Housing Act to focus debates over 230 reform. As a case that, at the time, complicated the dominant interpretations of 230 and yet ultimately stymied enforcement of the Fair Housing Act online, Roommates.com demonstrates how the promise of civil rights laws has fallen short in a digital economy. Even as 230 has facilitated speech online for individuals, civil rights protections have lagged. By re-evaluating Roommates.com in a larger history beyond technology law, this Article aims to evaluate more fully what 230 reforms might further the goals of civil rights protections and what costs might result. TABLE OF CONTENTS I. IN TRO D U CTIO N ........................................................................... 1228 II. THE SHARP TURN OF ROOMMA TES.COM.............................. 1232 III. ROOMMATES. COMAND FAIR HOUSING ACT LITIGATION 1238 IV. PROMOTING THE FAIR HOUSING ACT IN A § 230 WORLD. 1243 DOI: https://doi.org/10.15779/Z38DJ58H67 © 2021 G.S. Hans. t Associate Clinical Professor of Law, Cornell Law School. I am grateful to Cloe Anderson for her invaluable research assistance. Kurt Opsahl and Nicky Ozer patiently answered my obscure questions about the Roommates.com litigation. My colleagues Chris Serkin and Dan Sharfstein helped me understand the history and structure of the Fair Housing Act, providing excellent guidance to a novice. I thank Adam Cowing, Emma Llanso, and Chris Morten for close readings and feedback, and Anupam Chander, Daphne Keller, Mason Kortz, Jef Pearlman, Jenn Prusak, and Blake Reid for their insights. I am grateful to the editors of the Berkeley Technology Law Journal for their thoughtful suggestions and assistance. All errors remain my own.

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