Federal Law, CDA: Communications Decency Act , Section 230
In layman terms, Yes. This is absolutely legal. In fact, unless Trump changes the constitution (no bets on that), Holysmoke.org is a public-awareness website. Please read below as to what actions constitute as legal, and where our accountability lies.
US Federal Law, specifically, “Section 230 of The Communications Decency Act” of 1996, holds harmless Internet Service Providers, from unpopular or controversial content that is posted to websites by the website’s users or members.
Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This federal law preempts any state laws to the contrary: “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.”
In case you missed it, or didn’t understand it, Federal Law says that Holysmoke.org, as a 3rd party posting website, is not to be regarded as the publisher of the content posted to its site by others, and is afforded immunity from liability for the words and comments posted by its users. Based on the legal precedent that has already been set, you cannot bring a lawsuit against Beware.org.
Now here is why we cannot remove alert – .
The Immunity granted by CDA will upheld, so long as the alerts remain 3rd party posts, meaning in their original form as their submitting author submitted them.
There has been talk that some Congressional law makers are exploring the rescinding of Immunity” in cases where it can be determined that a Web Host has taken any censorship actions to control, edit, alter, or even delete 3rd party posted content by it’s users. Therefore, Holysmoke.org, to avoid risking the possibility of losing its legal immunity, cannot and will not delete any alert, or edit them even in the slightest way.
Based on the above, Holysmoke.org is under the strict advice of its attorneys to not get involved in the disputes of the posters and those posted in the reports, and to not ever edit or delete posts at any time, for any reason. To NOT be involved and remain completely neutral is the only way we will be sure to maintain our legal immunity under Federal Law. and if a person has a problem being listed in the registry, the law says they must pursue their differences with the alert’s author.