FROM THE DIGITAL TO THE PHYSICAL: FEDERAL LIMITATIONS ON REGULATING ONLINE MARKETPLACES
Online marketplaces have transformed how we shop, travel, and interact with the world. Yet, their unique innovations also present a panoply of challenges for communities and states. Surprisingly, federal laws are chief among those challenges despite the fact that online marketplaces facilitate trans...
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Published in | Harvard journal on legislation Vol. 56; no. 1; p. 141 |
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Main Authors | , |
Format | Journal Article |
Language | English |
Published |
Cambridge
Harvard University Law School - Harvard Journal on Legislation
2019
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Subjects | |
Online Access | Get full text |
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Summary: | Online marketplaces have transformed how we shop, travel, and interact with the world. Yet, their unique innovations also present a panoply of challenges for communities and states. Surprisingly, federal laws are chief among those challenges despite the fact that online marketplaces facilitate transactions traditionally regulated at the local level. In this Article, we survey the federal laws that frame the situation, especially § 230 of the Communications Decency Act ("CDA"), a 1996 law largely meant to protect online platforms from defamation lawsuits. The CDA has been stretched beyond recognition to prevent all manner of prudent regulation. We offer specific suggestions to correct this misinterpretation, so that state and local governments can appropriately respond to the digital activities that impact physical realities. |
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ISSN: | 0017-808X 1943-507X |