809 F. Supp. 2d 1041
E.D. Mo.2011Background
- MA, a minor, alleges Backpage facilitated her trafficking through posting and hosting ads on the Backpage site.
- McFarland was previously convicted on a trafficking-related count and Backpage is sued for aiding and abetting via §2255 and a §1595 claim.
- MA claims Backpage created/maintained the site content and platform that enabled trafficking, not merely the third-party postings.
- Backpage moves to dismiss under Rule 12(b)(6), asserting §230 CDA immunity for interactive computer services.
- Court analyzes standing first, then §230 immunity, then related statutory/ treaty arguments, and ultimately grants dismissal.
- Court concludes §230 immunity bars MA’s civil actions against Backpage, and Optional Protocol is non-self-executing and does not override immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §230 immunity apply to Backpage's conduct? | MA argues §230 does not immunize Backpage for its role in developing/maintaining the site. | Backpage contends it is immune as an interactive service provider for third-party content. | Backpage immune; §230 immunity bars claims; dismissal granted. |
| Does MA have standing to challenge Backpage under Article III? | MA asserts injury from postings and ads on Backpage’s site. | Backpage argues MA’s injuries are not sufficiently concrete/directed to Backpage’s conduct. | MA has injury in fact tied to the posting content; standing is satisfied for purposes of this suit, though immunity forecloses relief on the merits. |
| Can MA pursue §2255 aiding-and-abetting or §1595 claims against Backpage given §230 immunity? | MA contends §230 does not bar §2255/§1595 because the claims target Backpage’s conduct, not the content itself. | Backpage argues §230 immunity applies to claims arising from third-party content and its handling of the site. | §230 immunity defeats §2255 and §1595 claims against Backpage; MA cannot proceed on those theories. |
| Is the Optional Protocol to the CRC non-self-executing and does it alter §230 immunity? | MA contends the Protocol prevails and overrides §230 immunity, creating private rights. | Backpage maintains the Protocol is non-self-executing and does not create private rights overriding §230. | Optional Protocol is non-self-executing; does not override §230 immunity. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading requires plausible claims, not mere legal conclusions)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard applies to complaint sufficiency)
- MySpace, Inc. v. supervis, 528 F.3d 413 (5th Cir. 2008) (broad §230 immunity for third-party content in social networks)
- Stayart v. Yahoo! Inc., 651 F. Supp. 2d 873 (E.D. Wis. 2009) (§230 immunity when only displaying third-party content in response to a query)
- Roommates.com, LLC v. City of Seattle, 521 F.3d 1157 (9th Cir. 2008) (development of information can render a provider a content developer in part)
- Carafano v. Metrosplash.com, Inc., 339 F.3d 1119 (9th Cir. 2003) (content not created by the site, editoral control preserves CDA immunity)
- Dart v. Craigslist, Inc., 665 F. Supp. 2d 961 (N.D. Ill. 2009) (Craigslist immune where content created by users, not the site)
- MySpace, Inc. (case cited above), 528 F.3d 413 (5th Cir. 2008) (immunity applies to content created by third parties)