California Appellate Court Follows SexSearch Case

On June 30, 2009, a California Appellate Court affirmed the dismissal of several negligence cases against MySpace.com involving minors that were sexually assaulted by men that they had met on the social networking site. The cases were dismissed based on MySpace’s ISP immunity under Section 230 of the Communications Decency Act. In affirming the dismissals, the Court cited several times to the landmark Section 230 immunity opinion in Doe v. SexSearch.com, where the Ohio District Court held that SexSearch was immune from breach of contract claims arising out of the plaintiff’s arrest for having sex with a 14-year-old SexSearch member. The Kaufman Law Group was lead counsel in the SexSearch case, which was ultimately affirmed on appeal to the Sixth Circuit.