Communications Decency Act doesn't shield on-line service, Ninth Circuit holds

The Ninth Circuit held yesterday that Roommates.com is not immune under the Communications Decency Act ("CDA") from liability for discriminatory content on its site.  The en banc panel in Fair Housing Council of San Fernando Valley v. Roommates.com held that the roommate-matching site can be subject to liability under the Fair Housing Act for posting discriminatory housing preferences. 

While the CDA shields a provider of an interactive computer service from liability for content provided by others, the court concluded that Roommates.com actively created problematic content by having users complete questionnaires as part of the listing process.  In that sense the web site was not merely a passive service, and it could be sued under the fair housing laws. 

See our earlier coverage of the case here and here.