Recent Court Decision Limits ISP Liability

HOUSTON — A recent decision by a U.S. District judge to excuse an Internet service provider from liability for hosting child porn on its network is good news, according to lawyer and commentator Eric Sinrod.

In a case captioned Doe vs. Bates and Yahoo, U.S. District Judge David Folsom agreed with the defendant ISP’s motion that 47 U.S.C. § 230, known as the 1996 Communications Decency Act, provided Yahoo with immunity with respect to content provided by another party.

In the civil case, the anonymous plaintiff brought suit on behalf of his minor child against Yahoo and a convicted child pornographer who moderated an e-group known as “Candyman” where images of the child were posted.

“While the facts of a child pornography case such as this one may be highly offensive, Congress has decided that the parties to be punished and deterred are not the ISPs but rather those who created and posted the illegal material such as the moderator of the e-group,” Folsom said.

Writing for an opinion piece for CNET News, Sinrod called the decision a “major win for ISPs.”

“Now they can argue that not only does § 230 afford immunity for third-party content in the usual civil case but that immunity even extends to civil cases in which the underlying content also violates criminal laws,” Sinrod said.

According to Sinrod, the immunity for ISPs is a good thing because it allows them to react to and regulate illegal content without fear that their conduct could be open to liability.

Despite the good news, Sinrod was cautious, adding that the opinion is not binding on other federal courts or appellate courts hearing similar claims.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Blake Blossom, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the fourth quarter of 2025.

Eli Cross on Long Days, Lasting Careers and Making Porn That Works

Even after more than 35 years of working in adult, Eli Cross still loves it.

Adult Time Renews Silver Sponsorship for Pineapple Support

Adult Time has renewed its sponsorship of Pineapple Support at the Silver level.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

FSC Supports OpenAge Initiative and Adoption of AgeKeys for User-Centric Age Assurance

The Free Speech Coalition (FSC) announced today that it will support the OpenAge Initiative and its AgeKey cryptographic age assurance solution.

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SinfulX AI to Roll Out New Video Generator

AI companion platform SinfulX AI is launching an upgraded video generator in February.

Show More