The Center for Democracy & Technology (CDT) has submitted an amicus brief in the case of Doe v. Grinder, currently before the Ninth Circuit Court of Appeals. The case examines the interplay between Section 230 of the Communications Decency Act, which offers protections to interactive computer services (ICSs), and product liability claims against these services.

Section 230 is instrumental in maintaining users' ability to communicate freely and access information online. However, it does not provide an absolute shield against liability claims, including those related to product liability. Such lawsuits are typically based on the duty a manufacturer or service provider owes to its customers.

The CDT's brief argues that Section 230 should not exempt ICSs from product liability when the claims do not involve imposing a duty on the ICS to moderate or monitor user-generated content. According to the brief, properly distinguishing between product liability claims and issues related to user-generated content can protect users' freedom of expression while allowing them to seek redress for harm caused by faulty designs of ICSs.

For more details, readers are encouraged to review the full amicus brief.