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According to the arrest warrant, Bollaert's solicitation of the images violated California's identity theft laws, which makes it illegal "to willfully obtain someone's personal identifying information, including name, age and address, for any unlawful purpose, including with the intent to annoy or harass." Bollaert will likely raise §230 as a defense to the identity theft charges (It will be more difficult for Bollaert to raise a §230 defense to the extortion charges, as he allegedly engaged in that conduct directly), arguing that he personally did not use the information to harass or invade the privacy of the victims.

It isn't clear what the ultimate outcome of either case will be.

While courts have generally been very generous in granting §230 immunity to online entities even when they play some role in the creation of illegal content, two federal appellate cases have been more exacting.

In a 2008 Ninth Circuit case, Fair Housing Council of San Fernando Valley v.

Second, §230 immunity only applies to online intermediaries of third-party content.

Policing such massive content would not only be impractical, but would discourage platforms like Facebook from existing at all.A person cannot claim immunity for unlawful conduct simply because he engages in it online.Illegal conduct is not magically rendered legal simply because it happens online instead of offline.Most of what is written about §230 focuses on one isolated passage: "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." This portion of §230 is often characterized as granting website owners complete immunity regarding any content posted by users.This characterization is incorrect in two respects.

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