Posts tagged "CDA"

Can Massport treat a car sharing company like a traditional airport rental car company? Supreme Judicial Court to weigh in.

In January the Supreme Judicial Court (SJC) heard oral argument in a case challenging the ability of car sharing company Turo to facilitate pickups at Logan International Airport without paying the taxes and fees that Massport requires of traditional car rental companies. Like Airbnb and HomeAway do for the short-term house rental market, Turo allows individual car owners to rent out their cars for short periods of time when they would otherwise sit unused. The case, Massachusetts Port Authority v. Turo, Inc., promises to have national implications for whether car sharing companies and other internet businesses that facilitate peer-to-peer transactions can shield themselves from liability by relying on the Communications Decency Act of 1996 (CDA). The CDA protects internet businesses from being held liable for claims that would treat the website as the publisher or speaker of objectionable content posted by third parties. Search engines and social media applications are classic examples of companies often protected by the CDA, but it is less clear whether the immunity extends to companies that do more than simply serve as a bulletin board for third-party posts.

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