Yes, it should follow Zeran. Congress enacted the statute to “maintain the robust nature of Internet communication” and offer “a forum for a true diversity” of speech. To allow the internet to flourish the statute gives ISP’s immunity from information provided by another content provider. The court interpreted the statute correctly in the Zeran case and should follow the same here in the Schmeran case. If a change should be made then it is for Congress to change the statute. I think blanket immunity for ISP’s is too much and the statute needs to place some liability on ISP’s especially when they have notice or actual knowledge of such defamation to make a reasonable effort to try and remedy the situation.
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