FTC Commissioner Chopra Misreads Section 230 on Whether it Applies to Advertising

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“A company engaged in or benefiting from behavioral advertising is not acting necessarily as a passive conduit…we need to consider whether they have lost Section 230 immunity.”

In his statement at the ABA Antitrust Section Spring Meeting 2019, Commissioner Chopra said, “A company engaged in or benefiting from behavioral advertising is not acting necessarily as a passive conduit…we need to consider whether they have lost Section 230 immunity.”

In one word, no. Commissioner Chopra is wrong in his reading of Section 230of the Communications Decency Act.

In this blog, we’ll show that nothing in the law itself, or the way it’s being interpreted, would suggest that promoted content is not protected by Section 230.

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