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6/16/16, "Father of U.S. woman killed in Paris terror attack sues Facebook, Twitter and Google," latino.foxnews.com
Image caption: "Reynaldo Gonzalez breaks down while remembering his dead daughter on Dec. 4, 2015.(ap)"
"The father of a young woman killed in the Paris massacre last November
is suing Google, Facebook and Twitter, claiming that the companies
provided "material support" to extremists in violation of the law.
Reynaldo Gonzalez, whose daughter Nohemi was among 130 people killed
in the Paris attacks, filed the suit on Tuesday in the U.S. District
Court in the Northern District of California. The suit claims the
companies "knowingly permitted" the Islamic State group, referred to in
the complaint as "ISIS,"
to recruit members,
raise money and
spread
"extremist propaganda"
via their social-media services.
The Gonzalez suit is very similar to a case brought against Twitter
in January by the widow of a contractor killed in an attack in Jordan.
It includes numerous identical passages and screenshots, although the
lawyers in the cases are different.
In statements, Facebook and Twitter said Wednesday the Gonzalez
lawsuit is without merit, and all three companies cited their policies
against extremist material. Twitter, for instance, said that it has
"teams around the world actively investigating reports of rule
violations, identifying violating conduct, and working with law
enforcement entities when appropriate."
Facebook's statement read, in part, that if the company sees
"evidence of a threat of imminent harm or a terror attack, we reach out
to law enforcement."
Google, meanwhile, said it won't comment on pending litigation, but
noted that that it has "clear policies prohibiting terrorist recruitment
and content intending to incite violence and quickly remove videos
violating these policies when flagged by our users."
Under U.S. law, internet companies are generally exempt from
liability for the material users post on their networks. Section 230 of
the 1996 Communications Decency Act provides a legal "safe harbor" for
companies like Twitter and Facebook; it states 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."
But it isn't clear if that legal defense will suffice in this case.
Ari Kresch, a lawyer with 1-800-LAW-FIRM who is part of the Gonzalez
legal team, said in an email that the lawsuit targets social media
companies because of the behavior they enabled, not what they published.
"This complaint is not about what ISIS's messages say," he wrote.
"It
is about Google, Twitter, and Facebook allowing ISIS to use their
social media networks for recruitment and operations." The Gonzales
complaint also alleges that Google's YouTube shared revenue with IS from
ads that ran with its videos.
Benjamin Wittes, a senior fellow at the Brookings Institution, agrees
that the legal "safe harbor" might not shelter social-media companies
in such cases. Twitter may not succeed in quashing the similar lawsuit
filed in January on those grounds, Wittes argues. But he said Twitter
could still prevail because the causal link between its alleged support
for extremists and the attack is very weak."
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