EFF Advocates for App Store Immunity in 9th Circuit

The Electronic Frontier Foundation (EFF) has submitted a second amicus brief to the U.S. Court of Appeals for the Ninth Circuit, advocating that app stores like Apple and Google should maintain their Section 230 immunity even when processing payments for in-app purchases related to social casino games. The core of the issue stems from claims against the app stores by plaintiffs who allege that such games engage in unlawful gambling practices. A previous lower court ruling denied Section 230 protection on the basis that app stores facilitated payments for these allegedly illegal transactions.

The implications of this case extend far beyond app stores. EFF argues that if online platforms are stripped of their Section 230 protections due to involvement in payment processing for user-generated content, it would lead to widespread censorship and limit the ability of intermediaries to facilitate transactions involving third-party content. This restrictive precedent could endanger the operational frameworks of numerous platforms, jeopardizing the very nature of open internet dialogue and commerce. Ultimately, offsetting the liability for facilitating financial transactions is critical to preserving user rights and freedom of expression online.