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 © 2025 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

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

New AI Companion Platform 'SinfulXAI' Launches

SinfulXAI, a new AI companion platform, has officially launched.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Show More