Doe v. MySpace, Inc.
Issue
Whether § 230 bars negligence and gross negligence claims against MySpace for failing to implement adequate age-verification measures that allegedly would have prevented a minor user from being sexually assaulted by an adult she met on the platform.
What Happened
In the summer of 2005, Julie Doe — then 13 years old — lied about her age on MySpace's registration form, claimed she was 18, and created a public profile. In April 2006, a 19-year-old named Pete Solis initiated contact with Julie through her public profile. The two communicated offline on several occasions after Julie gave him her phone number. In May 2006, Solis sexually assaulted her at an in-person meeting. Solis was subsequently arrested and charged with second-degree sexual assault in Texas. Julie's mother, Jane Doe, sued MySpace for negligence and gross negligence, alleging that MySpace had failed to implement basic safety measures — specifically, age verification — that would have prevented Solis from contacting Julie. The district court dismissed the claims as barred by § 230. The Fifth Circuit affirmed, in an opinion by Judge Clement. The court held that the Does' claims, however styled, were all premised on MySpace's failure to monitor and restrict communications and content on its platform — quintessential publisher functions. The court rejected the argument that the claims arose from a "separate" duty to implement safety technology rather than from MySpace's role as a publisher. Because the duty the Does sought to enforce would have required MySpace to regulate user access and communications, it was a publisher duty barred by § 230.
Why It Matters
An important early Fifth Circuit application of § 230 to negligence claims arising from online predatory conduct. The court held that § 230 applies regardless of how a plaintiff frames a claim — if the underlying duty would require the platform to monitor, screen, or regulate user content and communications, the claim is barred. Doe v. MySpace reflects the broad pre-Lemmon approach to § 230 that treated platform safety measures as editorial functions immune from liability claims.
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