• CDA Immunity Denied Where Content Was Added
  • July 11, 2008
  • Law Firm: Winston & Strawn LLP - Chicago Office
  • Bruce Tefft, a New York City Police Department (NYPD) employee, and the NYPD were sued by a counter-terrorism officer that claimed he was a victim of a hostile working environment. Tefft was employed by the NYPD to research and forward articles concerning terrorism to the anti-terrorism department of the NYPD. Tefft frequently added his own commentary to the e-mails, including discriminatory content against Arab and Muslim racial and religious groups. When Tefft and the NYPD were sued for creating a hostile work environment, they claimed several defenses, including the CDA. Tefft was found not to be a user of interactive service when engaging in e-mail forwarding. Moreover, since he added his own commentary to the e-mail messages, he was not exempt from liability.

    TIP: Take care if adding content to someone else's message, as doing so may negate CDA immunity.