Electronic Frontier Foundation

“ I am an attorney with the Electronic Frontier Foundation ("EFF") , a public interest law firm and civil liberties organization. I write in response to the subpoena your client, Landmark Education, LLC ("Landmark") caused to be issued to the Internet Archive ("Archive") on October 19, 2006. The subpoena seeks documents sufficient to allow identification of an individual, "Asatgiaire," who you believe uploaded several videos to the Archive. EFF represents the Archive in connection with this matter. ”

“ America Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997) , cert. denied, 524 U.S. 937 (1998) ("By its plain language, 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service") ”

“ As set forth above, the videos do not infringe any contained Landmark copyright. Further, 47 U.S.C. 230 protects Internet service provides such as the Archive from liability for allegedly harmful comments written by others. ”