The opinion addresses whether an Internet service provider can be held liable for transmitting third party information through software it provides to customers. Associated Bank-Corp sued Earthlink in the US District Court for the Western District of Wisconsin after the Earthlink anti-phishing software ScamBlocker re-directed users trying to access the bank’s web page to a “potentially fraudulent web site alert” screen despite the fact that Associated Bank-Corp’s web site was and is a legitimate financial services site. A phishing site is one that mimics a legitimate business for the purpose of collecting credit card or other personal information. Associated Bank-Corp sought damages under Wisconsin Statute Section 100.18(1) for Tortious Interference with Business Relations, Negligence and Fraudulent Representations. Associated Bank-Corp also sought injunctive relief under 15 U.S.C. Section 1125(a) for Injury to Business Reputation. Earthlink motioned for summary judgment.The court holds that Earthlink is immune from suit because it acts as an interactive computer service provider using third party databases in its ScamBlocker software. Earthlink is immune from liability under the Communications Decency Act, 47 U.S.C. Section 230(c)(1), which states that providers of interactive computer services will not be treated as publishers of third party information. Section 230(f)(2) defines interactive computer services as “any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.” Earthlink fit this description. Further, Earthlink provided evidence that its ScamBlocker tool receives its list of potentially fraudulent web sites from a third party vendor. Because Earthlink’s ScamBlocker software enables computer users to access third party-generated information about phishing web sites, the CDA states that Earthlink cannot be held liable as a publisher when that information is erroneous.
