From 2006 to 2011, Emerson Callum and Lavont Flanders posed as talent scouts on ModelMayhem.com, a social network for aspiring models. The duo would lure women to Miami under false pretenses, then drug and sexually assault them on tape, marketing the videos as pornography. Both were eventually convicted and received life sentences.
In 2008, Internet Brands purchased ModelMayhem.com from its founders. Two years later, the company sued the founders for failing to disclose the potential for liability for civil suits due to the two rapists' actions. And yet, IB posted no warnings. In 2011, Jane Doe became another one of their victims.
She sued IB under California law, alleging a violation of the state's "duty to warn" (the Tarasoff duty). The district court dismissed the suit, holding that Section 230 of the Communications Decency Act provided immunity for online service providers over content posted by third parties.
Yesterday, the Ninth Circuit reversed, essentially holding that the CDA had nothing to do with Doe's claims whatsoever.