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Tech scandals over the past two years have led to mounting concerns about unchecked industry power.įacebook and other online ad systems allowed Russia-based operatives to buy paid political ads until a public outcry led the companies to self-regulate. One of the authors of Section 230, Wyden has warned the law may be weakened if tech companies don’t police their platforms more effectively. Ron Wyden, D-Ore., said in March as Congress debated creating an exception to Section 230 aimed at cracking down on alleged sex traffickers.
“When someone is injured, they and their families want recourse, but our legal system is woefully bad at delivering justice,” Sen.
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That immunity, though, is subject to a raging debate about whether social media companies and other tech firms should be so free to introduce products without much forethought about the hazards they could create. “But as people have started to purchase more information-related items, we have to reconsider how we classify those things.” “Products liability started as people thinking, ‘Oh, my stove burnt me,’ or, ‘This saw cut my hand,’” said Christopher Robinette, a law professor at Widener University who specializes in that area of the law.
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Those laws generally haven’t been applied to software such as smartphone apps, but lawyers for Herrick aim to do just that - a development that could reshape consumers’ relationship with software, alter speech protections online and put pressure on Silicon Valley to find flaws in products before introducing them to the world. Lawsuits over product-related injuries or harm fall under a category of the law known as products liability, which exist to hold manufacturers responsible for defective items they put into the “stream of commerce” and ultimately to keep people safe. “This is a case about a company abdicating responsibility for a dangerous product it released into the stream of commerce,” his lawsuit argues, adding: “Grindr’s inaction enables the weaponization of its products and services.” Software, hard problem If successful, the lawsuit could bring about a significant legal change to the risks tech companies face for what happens on their platforms, adding to growing public and political pressure for change.
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His lawsuit alleges that the software developers who write code for Grindr have been negligent, producing an app that’s defective in its design and that is “fundamentally unsafe” and “unreasonably dangerous” - echoing language that’s more typically used in lawsuits about, say, a faulty kitchen appliance or a defective car part. A 1996 law designed to foster free speech online generally protects companies from liability.īut Herrick is pursuing an unusual legal theory as he continues to push back against Grindr, arguing that tech companies should face greater accountability for what happens on their platforms. Herrick’s story echoes the online harassment that many people have experienced, often with little to no legal consequences for the companies that created the technology in question. The alleged harassment continued for months, even after Herrick obtained a temporary restraining order against Grindr that required the company to disable the impersonating profiles. He also filed a lawsuit against Grindr in 2017.