Attorneys general from forty states and the District of Columbia have asked the United States Court of Appeals for the Fifth Circuit to lift a preliminary injunction preventing a state attorney general from investigating Google’s business practices.
In 2011, Google signed a non-prosecution agreement with the U.S. Department of Justice in which it acknowledged that it improperly assisted Canadian online pharmacy advertisers target U.S. consumers. Google agreed to forfeit $500 million and to adopt compliance and reporting measures.
“State Attorneys General have reason to believe that Google’s services are still being used for unlawful activities,” according to a brief filed on behalf of Mississippi AG James M. Hood, III at the end of June.
Google asserts that it’s not liable for displaying information created by third parties. “Congress broadly immunized interactive computer service providers from state regulation for displaying information created by others,” according to the company’s December 2014 motion for preliminary injunction.
However, three federal appellate courts have ruled that Section 230 of the Communications Decency Act, to which Google refers, does not confer unlimited immunity.
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