Dear Mr. Attorney:

Perhaps we were not clear in ScamFraudAlert.com (SFA) policies regarding Member's posts. If we were not, we will again try to clarify this for you and your client.

ScamFraudAlert.com do not DELETE member's posts because of someone complaint. We encourage the complainant to register and post a rebuttal. A public rebuttal would allow for the member to reply and the cyberworld - those who are interested to comment on post. When that exchange takes place, the complainant can request a deletion from site Administrator. At the request of the complainant, we will evaluate the posts and make a decision as to whether the post remains or get deleted. Until this exchange takes place, SFA do not delete member's posts. To date, such exchange have not taken place. We do not want to receive rebuttals. Your client or you or a represnatative need to do go to site and post your rebuttal not site Administrator.

Let me call your attention to the Federal Communications Decency Act, 47 U.S.C. § 230 (the "CDA"). This federal statute, which was passed by Congress with the intent to "promote unfettered speech," provides in relevant part: "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." 47 U.S.C. § 230(c)(1) (emphasis added). Section 230 further provides that "[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." Green v. America Online, 318 F.3d 465, 470 (3rd Cir. 2003) (noting that the CDA, "'precludes courts from entertaining claims that would place a computer service provider in a publisher's role,' and therefore bars 'lawsuits seeking to hold a service provider liable for its exercise of a publisher's traditional editorial functions - such as deciding whether to publish, withdraw, postpone, or alter content.'")

We hope we've made SFA policy regarding members post clear and thank you for contacting ScamFraudAlert.com


Admin