Internet service providers naturally are concerned about circumstances under which they potentially could be held liable for content posted by users. But after a recent decision by a Texas federal judge, ISPs can breathe a collective sigh of relief.
The judge dismissed an ISP as a defendant in the case of Doe v. Bates (PDF), even though the offending conduct at issue was alleged to be in violation of criminal law.
In that case, the plaintiffs alleged that the ISP knowingly hosted illegal child pornography on a particular e-group. An e-group is an Internet-based forum where users can engage in discussions and share files and the like. The e-group at issue was just one of a multitude of e-groups registered with this ISP.
While the individual defendant, by the name of Bates, had been imprisoned for his involvement as the moderator of the subject e-group, the plaintiffs claimed that the ISP had liability under a variety of legal theories, including negligence, intentional infliction of emotional distress, invasion of privacy and civil conspiracy. The plaintiffs also asserted that the offending Internet content violated criminal law against child pornography.
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