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

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, presented by gaming platform 1win, which will be held May 27 in Los Angeles.

Show More