9th Circuit Court of Appeals appeared to endorse this theory recently when it reversed a lower court's ruling dismissing a case that revolved around a Snapchat filter that measured a user's speed and added it to a post. One potential way around Section 230 protection is the argument that some features are so dangerous in design that they're essentially defective. The case is part of a new wave of litigation that hopes to hold social media companies accountable despite Section 230 of the 1996 Communications Decency Act, which holds that online services are not liable for the actions of their users. The plaintiffs, who seek to represent all users of Snapchat, Yolo and LMK as a class - a group consisting of 92 million users - are also requesting damages for the alleged harms and misrepresentations.
The lawsuit sought to have Yolo and LMK immediately banned from Snap’s platform, along with other apps that lack safeguards against cyberbullying. “In light of the serious allegations raised by the lawsuit, and out of an abundance of caution for the safety of the Snapchat community, we are suspending both Yolo and LMK’s Snap Kit integrations while we investigate these claims,” a Snap spokesperson wrote in a statement. Both were integrated with the Snapchat messaging platform through Snap Kit, the company's suite of tools for third-party developers. That suit alleges that Yolo and LMK violated consumer protection law by failing to live up to their own terms of service and policies, and that anonymous messaging apps facilitate bullying to such a degree that they should be considered dangerous products. The suspension comes in response to a lawsuit filed Monday on behalf of Kristin Bride, the mother of an Oregon teen who took his own life in 2020 after receiving bullying messages via Yolo and LMK for months. Yolo and LMK, two Snapchat apps that allow users to send anonymous messages, are no longer available to users of the social media platform after parent company Snap suspended them Tuesday. (TRIPPLAAR KRISTOFFER/SIPA/Kris Tripplaar/Sipa USA) The social media service has blocked anonymous Q&A apps named in a lawsuit filed by the mother of a teenager who died after being cyberbullied.
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