19 Vand. J. Ent. & Tech. L. 721 (2016-2017)
Taming the Internet Pitchfork Mob: Online Public Shaming, the Viral Media Age, and the Communications Decency Act

handle is hein.journals/vanep19 and id is 747 raw text is: 









  Taming the Internet Pitchfork Mob:

    Online Public Shaming, the Viral

 Media Age, and the Communications
                   Decency Act

                        ABSTRACT

      Accompanying the explosive growth of the Internet, one
lamentable trend is the rise of online public shaming. While online
public shaming may positively incentivize individuals to modify their
behavior in accordance with socially acceptable norms, there has also
been the emergence of an online pitchfork mob that can have a real
impact on individuals' livelihoods and overall wellbeing. Due to the
lack of legal remedies available to victims of certain types of online
shaming, this Note suggests that web hosts are empowered by the
expansive protections of the Communications Decency Act to develop
and  implement policies to curb the prevalence of online public
shaming.


                    TABLE OF CONTENTS

I.    GRAB YOUR PITCHFORKS: How ONLINE PUBLIC SHAMING
      HAS EXPLODED IN POPULARITY     ........... ..............725
      A. Colonial Public Shaming in America... ............725
      B. Public Shaming 2.0: The Rise of Online Public
            Shaming................................... 725
            1. The Critical Role of Anonymity and Shaming's
                  Disproportionate Effects..... .......... 728
            2. The Important Distinction Between Online
                  Shaming, Defamation, and Other Torts.......730
 II.  THE COMMUNICATIONS  DECENCY ACT AND SUBSEQUENT
      DEVELOPMENTS  IN ISP LIABILITY FOR THIRD-PARTY
      STATEMENTS........................................... 732
      A.    The Advent of the Communications Decency Act.....733
      B.    The Post-Zeran Landscape: Broad ISP Immunity .. 736


721

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?