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

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Show More