Christianne Carafano is a film actor under the stage name Chase Masterson. Someone posted a profile of her on the Matchmaker.com Internet dating service. This phony profile stated that Carafano was “[l]ooking for a one-night stand” and for a “hard and dominant” man with “a strong sexual appetite,” and that she “liked sort of being controlled by a man, in and out of bed.” The profile also provided her home address and an email address, which, when contacted, produced an automatic email reply stating, “You think you are the right one? Proof it!!” [sic], and providing Carafano’s home address and telephone number.

Unaware of this posting, Carafano began receiving sexually explicit and harassing phone calls, faxes, and email messages. Feeling unsafe, Carafano and her son moved out of their Los Angeles home. When Carafano’s assistant learned of the false posting she contacted Matchmaker.com, demanding its removal. It took Matchmaker.com two days to remove the phony profile.

Carafano sued Matchmaker for invasion of privacy, misappropriation of the right of publicity, defamation, and negligence. The district court rejected Matchmaker’s argument for immunity under the CDA on the grounds that the company provided part of the profile content.

Questions:

1. Does the CDA protect Matchmaker from liability?

2. What role did Matchmaker play in developing the content that was posted as a profile of Carafano?

3. Was Matchmaker a content provider?

4. Is Matchmaker liable?

5. Why did Congress make ISPs immune from liability for material posted online by others under the Communications Decency Act?

6. Can Carafano recover damages from anyone?