Do Platforms Kill?

This Article analyzes intermediaries’ civil liability for terror attacks under the anti-terror statutes and other doctrines in tort law. It aims to contribute to the literature in several ways. First, it outlines the way intermediaries aid terrorist activities either willingly or unwittingly. By identifying the role online intermediaries play in terrorist activities, one may lay down the first step towards creating a legal policy that would mitigate the harm caused by terrorists’ incitement over the internet. Second, this Article outlines a minimum standard of civil liability that should be imposed on intermediaries for speech made by terrorists on their platforms. Third, it highlights the contradictions between intermediaries’ policies regarding harmful content and the technologies that create personalized experiences for users, which can sometimes recommend unlawful content and connections.

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Tags: civil liability, Facebook, Social Media, Social Networks, tort law, Twitter, YouTube