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BARNES v. YAHOO!, INC.

No. 05-36189.

565 F.3d 560 (2009)

Cecilia L. BARNES, Plaintiff-Appellant, v. YAHOO!, INC., a Delaware Corp., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2009.

Attorney(s) appearing for the Case

Thomas R. Rask, III, Kell, Alterman & Runstein LLP, Portland, OR, argued the cause for the appellant and filed briefs. Denise N. Gorrell, Kell, Alterman & Runstein LLP, Portland, OR, was also on the briefs.

Patrick J. Carome, Wilmer, Cutler, Pickering, Hale and Dorr LLP, Washington, DC, argued the cause for the appellee and filed the brief; Samir Jain and C. Colin Rushing, Wilmer, Cutler, Pickering, Hale and Dorr LLP, Washington, DC, and Reginald Davis and Eulonda Skyles, of Counsel for Yahoo!, Inc., Sunnyvale, CA, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Communications Decency Act of 1996 protects an internet service provider from suit where it undertook to remove from its website material harmful to the plaintiff but failed to do so.

I

This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge.1

In late 2004...

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