The Internet Has Borders: California Court Blocks Worldwide Interlocutory Injunction Affirmed by the Supreme Court of Canada

On November 3, 2017, the District Court for Northern California granted Google’s motion for preliminary injunctive relief, blocking the enforcement of the worldwide interlocutory injunction recently upheld by the Supreme Court of Canada. The Canadian Order required Google to de-index the website of Datalink Technology Gateways from its global search results (Google In. v Equustek Solutions Inc, 2017 SCC 34, previously reported in E-TIPS® Newsletter here).

Google sought relief from the US Court asserting that the Canadian Order was unenforceable in the US as it was inconsistent with the First Amendment and the Communication Decency Act. Section 230 of the Communication Decency Act is intended to immunize interactive computer service providers against tort liability arising from third-party content. Google’s motion was unopposed.

The Court recognized that Google is an interactive computer service provider and that the information in question was created by Datalink, a third party. The Court found that the Canadian Order would hold Google liable as the publisher of Datalink’s information because it imposes liability for failing to remove third-party content from its search results. Thus, the Court concluded that Google was eligible for the immunity offered under Section 230.

The Court held that the preliminary injunctive relief was merited under Section 230 claim and that Google would suffer irreparable harm if the Court failed to intervene. Because the Court found that Google could succeed on the merits of its Section 230 claim, it found it unnecessary to review Google’s First Amendment argument.

Summary By: Jennifer R. Davidson