Lunney v. Prodigy

In its first major ruling on privacy and defamation in cyberspace, the Court of Appeals held that an Internet Service Provider (ISP) is merely a conduit for information, as opposed to a publisher, and consequently is no more responsible than a telephone company for defamatory materials transmitted over its lines. 

The Court unanimously upheld an Appellate Division, Second Department, decision that dismissed a defamation lawsuit brought against Prodigy Services Co., by the father of a Boy Scout whose identity was usurped by an unknown imposter. The imposter posted vulgar messages in the boy's name on an electronic bulletin board and e-mailed abusive, threatening and sexually explicit messages, also in the name of the boy, to the local scoutmaster.

More Information

Lunney v. Prodigy Appellate Division Opinion and Order

Lunney v. Prodigy Court of Appeals Opinion