Arguing for an individual’s right to integrity of identity online, this Note advocates rolling back broad immunity for Internet service providers (ISPs) under § 230 of the Communications Decency Act as interpreted in Zeran v. America Online, Inc. Exploring the theoretical foundation and modern application of the right of publicity, this Note reasons that traditional right-to-privacy notions support a right to control one’s identity online, recognition of which is necessary in the Web 2.0 era. Because ISPs are the greatest beneficiaries of Web 2.0’s identity-driven structure and are in the best position to aid users in regulating their online identities, ISPs must be made to bear a greater portion of the burden to protect users and maintain an environment of safe interaction online. This Note concludes with a proposal for accomplishing this.
I Am He as You Are He as You Are Me: Being Able to Be Yourself, Protecting the Integrity of Identity Online,
44 Loy. L.A. L. Rev. 705
Available at: http://digitalcommons.lmu.edu/llr/vol44/iss2/13