Update 1/31/2018: The Ninth Circuit upheld the court’s decision discussed below.
The families of two U.S. contractors killed in Jordan sued Twitter, accusing the platform of providing material support to the terrorist organization ISIS. Plaintiffs alleged that by allowing ISIS to create and maintain Twitter accounts, the company violated the Anti-Terrorism Act (ATA). Plaintiffs further claimed this support enabled ISIS to recruit, fundraise, and promote extremist propaganda, ultimately leading to the deaths of the contractors. The lawsuit aimed to hold Twitter responsible for the actions of ISIS and to penalize it for facilitating the organization’s digital presence.
Twitter moved to dismiss, arguing that the claims were barred under the Communications Decency Act (CDA) at 47 U.S.C. §230. Section 230 provides immunity to internet platforms from being treated as the publisher or speaker of content posted by third parties. The court had to decide whether Twitter’s role in allowing ISIS to use its platform made it liable for the consequences of ISIS’s acts.
The court dismissed the case, finding that Section 230 shielded Twitter from liability. The court ruled that plaintiffs’ claims attempted to treat Twitter as the publisher of content created by ISIS, which is precisely the type of liability Section 230 was designed to prevent. The court also concluded that plaintiffs failed to establish a plausible connection, or proximate causation, between Twitter’s actions and the deaths. Importantly, in the court’s view, plaintiffs could not demonstrate that ISIS’s use of Twitter directly caused the attack in Jordan or that the shooter had interacted with ISIS content on the platform.
The court further addressed plaintiffs’ argument regarding private messages sent through Twitter’s direct messaging feature. It ruled that these private communications were also protected under Section 230, as the law applies to all publishing activities, whether public or private.
Three reasons why this case matters:
- Expanding the scope of Section 230: The case reinforced the broad immunity provided to tech companies under Section 230, including their handling of controversial or harmful content.
- Clarifying proximate causation in ATA claims: The ruling highlighted the challenges of proving a direct causal link between a platform’s operations and acts of terrorism.
- Balancing tech innovation and accountability: The decision underscored the ongoing debate about how to balance the benefits of open platforms with the need for accountability in preventing misuse.
Fields v. Twitter, Inc., 200 F. Supp. 3d 964 (N.D. Cal., August 10, 2016).