CDA protects hosts from claims based on state "intellectual property" laws

The 9th Circuit, has held that the Communications Decency Act protects interactive service providers from claims based on state intellectual property laws. The court defined "state intellectual property laws" to mean any laws that conflict with federal intellectual property laws. So basically, those state laws that regulate copyright, trademark, patent, and other areas in which Congress has passed laws, are within the CDA.

This decision is important for hosts for two reasons. The first is that it reinforces the interpretation that when Congress passed the CDA, it intended to protect hosts, and other interactive computer services, from claims based on state law where Congress had spoken. As a result, it's a bit easier to create effective compliance strategies. Second, because it removes a claim that creative content owners have been using as a way of getting around the DMCA. Properly implemented DMCA compliance plans are the most effective way hosts have to protect themselves against allegations that they are responsible for infringement taking place on their servers. Without such a plan, hosts remain potentially liable for contributory infringement, which may carry treble damages.