Writing for the Supreme Court in Reno v. ACLU,
1
Justice Stevens noted the Internet is “a
unique and wholly new medium of worldwide human communication.”
2
The Internet is an
international network of computers providing its users a plethora of communication methods
collectively known as “cyberspace” – an accessible medium without geographical location.
3
The
fact that millions of people use the Internet today
4
provides ample opportunity for civil wrongs,
including defamation.
5
Under traditional common law, both the author of a libelous statement, and an entity that
disseminates or republishes that statement can be held liable for defamation. There are three
distinct categories of secondary disseminators with different levels of liability: primary
publishers, distributors, and, finally, conduits.
6
But, founded on a prescient desire to protect both
infant technologies and ancillary industries, Congress passed the Communications Decency Act
of 1996 (CDA) to promote Internet growth.
7
Contrary to the common law of defamation, the
CDA shields Internet service providers (ISPs) from nearly all forms of tort liability for
defamatory speech.
8
Since Congress passed the CDA, different forms of interactive communication have emerged
and/or matured on the World Wide Web, such as blogs, Web pages, interactive personal
information Web sites, interactive digital dossiers, chat rooms, e-mails, and virtual worlds. This
1
521 U.S. 844 (1997).
2
Janet Reno v. Am. Civil Liberties Union, 521 U.S. 844, 850 (1997).
3
Megan M. Sunkel, Comments, And the I(SP)s Have It…But How Does One Get It? Examining the Lack of
Standards for Ruling on Subpoenas Seeking to Reveal the Identity of Anonymous Internet Users in Claims of Online
Defamation, 82 N.C.L.R
EV
1189, 1219 (2003).
4
The United States tops the list of “Top 20 countries with the highest number of Internet users.” Internet
World Stats,
http://internetworldstats.com/top20.htm
(last visited Sept. 21, 2007). Latest data on Internet use
suggests there are 210,575,287 users in the United States, representing 18% of the world users. Id. The statistics on
North America indicates 90.5% of Americans are users, with Internet penetration rate of 69.7%, and a use growth of
120.8% from 2000-2007. Internet World Stats,
http://internetworldstats.com/stats14.htm
(last visited Sept. 21,
2007).
5
Sunkel, supra note 3, at 1189.
6
See infra notes 20-28 and accompanying text.
7
47 U.S.C.A. § 230 (b)(1).
8
See infra notes 35-44 and accompanying text.
Convention