Last Updated 12-31-2023
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Information presented within this report contains “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions, or future events or performance are not statements of historical fact and may be “forward looking statements.” Forward looking statements are based on expectations, estimates, and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements in this action may be identified through the use of words such as “expects,” “will,” “anticipates,” “estimates,” “believes,” “may,” or by statements indicating certain actions “may,” “could,” or “might” occur. We encourage our members, users and viewers to invest carefully and review all forms of investments and read the investor information. More information on the Company may be found at http://www.sec.gov and/or the National Association of Securities Dealers (NASD) at: http://www.nasd.com . Readers can review all public filings by companies at the SEC’s EDGAR page. The NASD has published information on how to invest carefully at its web site.
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The Communications Decency Act
The Communications Decency Act (“CDA”) was enacted by Congress in 1996 as an attempt, among other things, to solve the problem of online defamation. The goals of Congress in enacting the CDA were to solve the online service provider dilemma, reduce the threat of tort-based lawsuits to freedom of speech, encourage service providers and websites to self-regulate, and maintain the robust nature of online communication. The main section of the CDA dealing with online defamation is § 230.
27 U.S.C § 230(c)(1) provides that "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider and that no cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." BASICALLY, this section establishes that websites are not liable for third party content on their sites.
For additional clarification, 47 U.S.C. § 230(f) provides some useful definitions. This section provides that an interactive computer service (“ICS”) includes any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server. For example, websites, interactive blogs, bulletin boards, web hosts, email list operators, and chat room operators are not liable for the content posted by users. Further, this section provides that an information content provider (“ICP”) is any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other ICS. These are the posters.
Exceptions to § 230: 47 U.S.C. § 230(e) provides that § 230 shall have no effect on criminal law and that noting in the section shall be construed to impair the enforcement of any Federal criminal statute. In addition, it provides that nothing in § 230 shall affect intellectual property law or be construed to limit or expand any law pertaining to intellectual property. Lastly, it provides that nothing in § 230 shall be construed to prevent any State from enforcing any State law that is consistent with this section
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