SEARCH ENGINE LIABILITY FOR AUTOCOMPLETE FEATURES: COMBATING THE POWER OF SUGGESTION Michael L. Smith * ABSTRACT Several online search engines use autocomplete features that display search suggestions as users type search queries. This Essay investigates search engine liability for defamatory statements that are displayed through their autocomplete search suggestions. This Essay describes the technology involved, the outline of potential defamation claims against search engines, and the obstacle presented by the Communications Decency Act (CDA). Recent legal developments limit the immunity that the CDA would typically provide to search engines and this Essay explores how prospective plaintiffs may take advantage of these developments. This Essay first discusses a potential argument from Fair Housing Council v. Roommates.com, LLC, but concludes that policy implications of this argument may render it fatal in application. This Essay then turns to the less-explored case of Batzel v. Smith and concludes that Batzel provides a narrower, more direct argument against search engine immunity. This Essay concludes that prospective plaintiffs have a strong argument against search engine immunity. This removes a critical obstacle in the path of defamation claims.
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UCLA School of Law class of 2014.
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