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''Zeran v. America Online, Inc.'', 129 F.3d 327 (4th Cir. 1997),〔() The opinion of the Fourth Circuit〕 ''cert. denied'', 524 U.S. 937 (1998),〔[] Bound Volume number 524 of the U.S. Supreme Court〕 is a case in which the Fourth Circuit Court of Appeals determined the immunity of Internet service providers for wrongs committed by their users under Section 230 of the Communications Decency Act (CDA). Section 230(c)(1) of the CDA provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."〔[http://www4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000230----000-.html US CODE: Title 47,230. Protection for private blocking and screening of offensive material]〕 The Fourth Circuit held that each of the plaintiff’s claims was barred by the CDA, holding that Section 230 "creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service." In the words of the ''Zeran'' court: == Facts == On April 25, 1995, six days after the Oklahoma City bombing, a message was anonymously posted on bulletin board advertising items with slogans glorifying the bombing of the Alfred P. Murrah Federal Building.〔() Opinion of the United States District Court of the Eastern District of Virginia〕〔() Zeran’s briefing to the Fourth Circuit〕 These items included slogans such as, "Visit Oklahoma ... It’s a BLAST!!!", "Putting the kids to bed ... Oklahoma 1995", and "McVeigh for President 1996".〔 Persons interested in making a purchase were instructed to call the plaintiff, Kenneth M. Zeran, whose home phone number was posted in the message but who had neither posted the message nor had anything to do with the content of the ad. Shortly after the posting of the messages, Zeran began receiving a barrage of threatening calls. He contacted AOL to have the message removed, which they soon did.〔 After the removal of the message, however, another was anonymously posted advertising that the shirts had "SOLD OUT" and that items with new slogans had been made available. The new shirts included slogans such as "Forget the rescue, let the maggots take over - Oklahoma 1995", and "Finally a day care center that keeps the kids quiet - Oklahoma 1995".〔 Zeran again contacted AOL to have the message removed from the bulletin board, which they again did. At this point, per AOL's recommendation, Zeran contacted the Federal Bureau of Investigation; however, for the next week, new messages continued to appear. On May 1, 1995, the number of calls and threats rose to a crescendo when a conservative radio personality known as Mark Shannon read the message on an Oklahoma City radio station, KRXO, then owned by Diamond Broadcasting.〔() The opinion of the court in Zeran v. Diamond Broadcasting〕 At this point, Zeran’s house was placed under protective surveillance, and he was unable to use his telephone for his home business, as the threatening calls were coming in approximately every two minutes. This continued until at least May 15, by which time the number of calls reduced to only approximately 15 per day.〔 On January 4, 1996, Zeran filed suit against Diamond Broadcasting, and in April of the same year, he filed a separate suit against AOL.〔〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Zeran v. America Online, Inc.」の詳細全文を読む スポンサード リンク
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