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86 Fordham L. Rev. 401 (2017-2018)
The Internet Will Not Break: Denying Bad Samaritans Sec. 230 Immunity

handle is hein.journals/flr86 and id is 419 raw text is: 

                         § 230  IMMUNITY

              Danielle Keats Citron * and Benjamin Wittes**

  The   social media  site Omegle sports the jaunty slogan, Talk to
strangers!' The site's front page announces that it is a great way to meet
new  friends. When  you use Omegle,  we  pick someone  else at random and
let you talk one-on-one.2
  Omegle   is not exactly a social media site for sexual predators, but it is fair
to say  that a social network  designed  for the  benefit of the predator
community   would look a lot like Omegle. The site itself seems to understand
this. The opening paragraph-the  same one in which the site proclaims itself
a great way to meet new  friends-warns  that [p]redators have been known
to use Omegle, so please be careful.3 The site's legal disclaimer, also on its
front page,  specifically warns:   Understand   that human   behavior  is
fundamentally uncontrollable, that the people you encounter on Omegle may
not behave appropriately, and that they are solely responsible for their own
behavior. Use  Omegle  at your own peril.4 As to Omegle's video chat, the
site warns: Omegle  video chat is moderated. However,  moderation  is not
perfect. You  may  still encounter people who misbehave.  They  are solely
responsible for their own behavior.5

* Morton & Sophia Macht Professor of Law at the University of Maryland Francis King
Carey School of Law. We are grateful to Antigone Davis, Mary Anne Franks, Carrie
Goldberg, Eric Goldman, Brittan Heller, Daphne Keller, Kate Klonick, Jonathan Mayer, and
Alexander Tsesis for their feedback as well as to the participants in the Hoover Institution's
conference on the power of platforms and the Department of Justice, Computer Crimes and
Intellectual Property Cyber Crime section's symposium. We are grateful to Susan McCarty
and Jennifer Smith for their research help. Much thanks to the Fordham Law Review and
Alexander Tsesis for hosting the Terrorist Incitement on the Internet symposium and including
us in this volume. Serious thanks to our editors Deema Nagib and Julia MacAllister for their
helpful comments. For an overview of the Fordham Law Review symposium, see Alexander
Tsesis, Foreword: Terrorist Incitement on the Internet, 86 FORDHAM L. REv. 367 (2017).
** Editor-in-Chief, Lawfare; Senior Fellow in Governance Studies, Brookings Institution.
    1. OMEGLE, http://www.omegle.com/ [https://perma.cc/4UQB-97XY] (last visited Oct.
16, 2017).
    2. Id.
    3. Id.
    4. Id. (emphasis added).
    5. Id. (emphasis added).


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