The
case concerned Scamblocker, a service launched by Earthlink in
April 2004 to spot fraudulent websites set up to gather visitors'
bank details.
According to Earthlink, Scamblocker uses real-time fraud
detection and analysis techniques, including fraudulent website
alert graphics that rate the safety level of each website. It also
uses an actively managed white list, called EarthLink Accepted.
However, in April this year, Scamblocker identified
AssociatedBank.com as a “potentially dangerous and fraudulent
website.” The site was a legitimate one belonging to Associated
Banc-Corp.
The error was soon detected and addressed, but Associated
Banc-Corp sued, seeking an injunction and damages.
Earthlink argued that it was not liable because it was protected
by a provision in the US Telecommunications Act of 1996 that
says:
"[no] provider or user of an interactive
computer service shall be treated as the publisher or speaker of
any information provided by another information content
provider."
In this case, said Earthlink, it had been given the incorrect
information by a third party vendor.
Associated Banc-Corp responded that Earthlink had acted as an
information content provider "when it created and developed the
substance of the erroneous warning about Plaintiff’s website."
Judge John C Shabaz of the US District Court for the Western
District of Wisconsin disagreed.
“Imposing liability on [Earthlink] for the inaccurate
information provided by a third-party content provider would treat
[Earthlink] as the publisher," he wrote, pointing out that
Earthlink is therefore immune from suit under the
relevant section of the Telecommunications Act.
The case is the latest in a series of rulings to consider the
Telecommunications Act provision, which is a part of the Act
entitled the Communications Decency Act.
