“ Plaintiffs allege MySpace can be liable under a negligence standard when a minor is harmed after wrongfully stating her age, communicating with an adult, and publishing her personal information. To impose a duty under these circumstances for MySpace to confirm or determine the age of each applicant, with liability resulting from negligence in performing or not performing that duty, would of course stop MySpace's business in its tracks and close this avenue of communication, which Congress in its wisdom has decided to protect. ”

“ Defendants assert Plaintiffs have failed to state a claim for negligence or gross negligence because MySpace had no legal duty "to institute and enforce" security measures that would substantially decrease the likelihood that Julie Doe would be sexually assaulted. "The existence of a duty is a question of law for the court to decide from the facts surrounding the occurrence in question. As a general rule, a person has no legal duty to protect another from the criminal acts of a third person or control the conduct of another." ”

“ The Fourth Circuit affirmed the dismissal of the claims on the pleadings, explaining that the CDA necessarily protects interactive computer services from liability even after they are notified of an allegedly defamatory or threatening post because the insupportable legal burden imposed by potential tort liability would undermine the CDA's goal of promoting speech on the Internet. ”