Prevarication Du Jour

The Cabin Boy™ has tweeted this—Cheddar201602281636ZThe Gentle Reader who has been following Schmalfeldt’s career of cyberfoolishness will not be surprised to find that the Cabin Boy™ is wrong. Here’s the EFF’s take on the Communications Decency Act—

Section 230 says that “No 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” (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of “interactive computer service providers,” including basically any online service that publishes third-party content.

CDA 230: The Most Important Law Protecting Internet Speech

Here’s what the General Counsel of Automattic, the company that owns WordPress.Com has to say about the value of 47 U.S.C. § 230’s protection afforded to publishers of third-party speech on the Internet—

I think to the extent that it protects speech, you can’t get much more expansive. I think the concept of no third-party liability is good.

You can find that and more concerning WordPress and the Communications Decency act here.

Here’s what the Seventh Circuit Court of Appeals thinks—

What §230(c)(1) says is that an online information system must not “be treated as the publisher or speaker of any information provided by” someone else.

Chicago Lawyers’ Committee for Civil Rights Under Law v. Craigslist, 519 F.3d 666, 671 (7th Cir. 2008).

No, the EFF and agree with me. So do lots of federal courts, including the Seventh Circuit Court of Appeals (Wisconsin is in the Seventh Circuit). Of course, the Cabin Boy’s™ misunderstanding of the Communications Decency Act has been pointed out to him before, but he continues to insist that his interpretation overrides the case law. It’s that sort of pigheadedness that will make his loss in LOLsuit VI: The Undiscovered Krendler so expensive.

22 thoughts on “Prevarication Du Jour

  1. And, Schmalfeldt keeps ignoring that word “user.” Even if you aren’t a provider, you’re definitely a “user.”

  2. “Hey, anyone know this guy?”

    – received horse poop in mail, blogged about it
    – closely examined own poop, blogged about it
    – pissed down own leg when served with court document, tweeted about it
    – took photo of own wife on deathbed, emailed to enemies, blogged about it
    – doxed a stillborn baby, blogged about it
    – threatened a mother with loss of her children if she didn’t talk to him
    – submitted statement to court: “I am probably not a child pornographer.”
    – hit with court order for stalking a toddler
    – faildoxed unknown person in Arizona, slapped with court order
    – faildoxed cop in Oregon
    – faildoxed convicted felon in Florida
    – faildoxed medical worker in DC area
    – faildoxed nonexistent student at a Tennessee university
    – doxed himself on his own blog, validated information for court use
    – banned from daily kos
    – banned from examiner
    – told by national health charity to stop invoking their name
    – email account revoked by Microsoft

    • I would love to see that list (with citations/links) in a Federal Court filing. Schmalfeldt has opened the door to this, by the way, when he denied that he’s a (limited) public-figure.

    • “– submitted statement to court: “I am probably not a child pornographer.”’

      It was actually to a Tennessee police department, which is MUCH better.

        • William has gone out of his way to let police departments across America know that he’s no more harmless than any other artist. He’s the Walt Disney of child sexual abuse, if you will.

          It’s deeply, deeply strange, but that’s why I love William. He can’t stop amusing me.

          • I haven’t been watching his antics as long as many of you have, but I’m continually amazed as just how stupid, ignorant, self-satisfied, and bizarre he can be. I’m grateful to Hoge and Walker et al at their perseverance in handling all this. I think he’s reasonably dangerous to others and hope that soon [after all this time] that the danger will be removed.
            Keep fighting the good fight.

          • It’s really so much funnier when you think about it.

            By the time that most folks deny to police that they’re involved in the kiddie porn trade, it’s after an investigation involving tens of thousands of dollars worth of technology and often hundreds of man hours. Almost always, prosecutors are consulted before the decision to make an arrest is finalized.

            Bill Schmalfeldt, on the other hand, just writes police departments that have never heard of him, usually several hundred miles away, for the sole expressed purpose of denying that he’s a child pornographer when they weren’t wondering if he was!!!!!

            Yet …. he denies that he’s crazy,

            And that makes his antics the most hilarious thing I’ve ever heard. If you don’t love that with all of your heart, you just might be dead inside

    • Because I’m the curious sort, I looked up Maryland’s statute of limitations on breach of contract last night. There are two statutes which may conflict with one another, although I didn’t look at either overly closely. The clock ticks for three to four years, depending on which law governs the specifics of this particular case.

      Oopsie poopsie!

      • How is it that a godless foreigner like you knows more about US and State law then William Smellfart Twitter Attorney at Lulz?

        • Well, i know how to read and I don’t suffer from a …. how do I put this nicely? …. impairment of logic.

  3. , the Cabin Boy’s™ misunderstanding of the Communications Decency Act

    Well, it is about Decency, after all…

  4. Well, now we’re into the bald-faced lying part of Cabin Boy’s strategy. Probably to be followed by dismissal of suits with prejudice.

    Unfortunately, I don’t think he’ll be able to flee the blast radius on this one.

  5. Yeah, that is pretty settled case law. I don’t necessarily agree with it, I think it is an incredibly broad reading of the statute, but the issue is settled.

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