The US Federal Court in Boston just gave us a ruling that shows Section 230 is not a bar to discovery for the refiled Jane Doe v Backpage. The decision is attached.
Here’s NetChoice’s statement which can be attributed to Carl Szabo, Vice President and General Counsel, NetChoice:
“This ruling by the federal court in Boston in the Jane Doe v. Backpage case is a great win for victims of sex trafficking and those working to stop bad actors like Backpage. It is a very positive sign that the victims will get their day in court, and that Backpage won’t be able to hide behind Section 230.
“This decision is especially welcome because it comes within the First Circuit. It will likely soon result in a favorable precedent at the appellate level as well.
“When the First Circuit previously considered this case, they made it clear they were not ruling on allegations that Backpage participated in web content creation. The plaintiffs wisely amended their complaint to allege this. As a result, they gained access to discovery that will allow even more specific allegations in this case.
“All sex trafficking victims should be encouraged by this decision. Meanwhile, as this case moves forward to limited discovery without restraint from Section 230, Congress should advance HR 1865, Allow States and Victims to Fight Online Sex Trafficking Act of 2017 that creates new criminal liability and civil authorities to benefit victims and provide restitution.”