CDA Immunity Survives Another Test

A federal court in Texas recently ruled that MySpace may retain immunity under the Communications Decency Act (CDA) for information that users were prompted -- but not required -- to provide when creating a new MySpace profile.  In Jane Doe IX v. MySpace, Inc., a mother sued on behalf of her 15-year-old daughter, who was allegedly "lured from her home and sexually assaulted by a sexual predator ... who communicated with her and ultimately orchestrated his sexual assault of her through the MySpace.com website.”  The plaintiffs sued MySpace for "negligence ... and ... failing to implement reasonable safety measures to protect minors."  MySpace moved to dismiss under section 230(c)(1) of the CDA, which states that "[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."