The Circuit


Cynthia Lee

Publication Date


First Page



This Comment discusses J.S. v. Village Voice Media Holdings, arguing that the Washington Supreme Court erodes the safe harbor provision of the Communications Decency Act (CDA) of 1996 in this decision. As affirmed by several circuits, the CDA exempts websites and other interactive computer services from liability over third-party content so long as they remain uninvolved in content creation. Contrary to precedent however, J.S. defines content creation in an overbroad manner, making it substantially easier for a plaintiff to argue against the applicability of a CDA safe harbor. In doing so, the J.S. court opens the metaphorical litigation floodgates and imposes significant administrative and financial burdens on interactive computer services.