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CARAFANO v. METROSPLASH.COM. INC.

No. 02-55658.

339 F.3d 1119 (2003)

Christianne CARAFANO, a/k/a Chase Masterson, Plaintiff-Appellant, v. METROSPLASH.COM, INC., a Delaware corporation; Lycos, Inc., a Delaware corporation; Matchmaker.com, Inc., a Texas corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2003.

Attorney(s) appearing for the Case

Stephen F. Rohde and Mechele M. Berencsi, Rohde & Victoroff, Los Angeles, California, for the appellant.

Timothy L. Alger, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, California, for the appellee.

Patrick J. Carome, Samir Jain, and C. Colin Rushing; Wilmer Cutler & Pickering, Washington, DC; for amici curiae America Online, Inc., eBay, Inc., the Internet Commerce Coalition, and the United States Internet Service Provider Association. Laura A. Heymann, America Online, Inc., Dulles, Virginia; Michael J. Richter and Tod Cohen, eBay, Inc., San Jose, California; James J. Halpert, Piper Rudnick, LLP, Washington, DC; and Stewart A. Baker, Steptoe & Johnson, Washington, DC, were also on the brief.

Deborah Pierce and Linda Ackerman, Privacyactivism, San Francisco, California, for amici curiae The American Federation of Television and Radio Artists (AFTRA), Gavin De Becker, Privacyactivism, Privacy Rights Clearinghouse, and the Screen Actors Guild (SAG).

Before THOMAS, PAEZ, Circuit Judges, and REED, District Judge.

THOMAS, Circuit Judge.

This is a case involving a cruel and sadistic identity theft. In this appeal, we consider to what extent a computer match making service may be legally responsible for false content in a dating profile provided by someone posing as another person. Under the circumstances presented by this case, we conclude that the service is statutorily immune pursuant to 47 U.S.C. § 230(c)(1).

I

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