Daniel Solove’s solution to the potential problem of damning information on the Internet is to open up the libel laws and to remove the Communications Decency Act safe-harbor for site owners. As Amber Taylor points out in a provocative review, one could take this chain more seriously if Solove more directly considered the real-world consequences of such a rule, and the amount of true speech it would shut down because of the potential legal expense of defending speech in the absence of bright-line rules. Eric Turkewitz’s review finds his blogger identity trumping his plaintiffs’ attorney identity to also oppose the expanded litigation that Solove proposes. David Giacalone is more favorable, though also unwilling to endorse Solove’s policy prescriptions.
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[…] Ted Frank writes: "Daniel Solove’s solution to the potential problem of damning information on the Internet is to open up the libel laws and to remove the Communications Decency Act safe-harbor for site owners. As Amber Taylor points out in a provocative review, one could take this chain more seriously if Solove more directly considered the real-world consequences of such a rule, and the amount of true speech it would shut down because of the potential legal expense of defending speech in the absence of bright-line rules." […]