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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Bibliographic Details
Published inHarvard journal on legislation Vol. 56; no. 1; p. 141
Main Authors Edelman, Benjamin, Stemler, Abbey
Format Journal Article
LanguageEnglish
Published Cambridge Harvard University Law School - Harvard Journal on Legislation 2019
Subjects
Business to business commerce
Innovations
Internet
Litigation
Local government
Travel
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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.
ISSN:0017-808X
1943-507X