Ben Ezra sued America Online for defamation and negligence due to information regarding Ben Ezra stock published via AOL`s services. The first instance held that AOL was immune under Sec. 230 of the Communication Decency Act 1996. The U.S. Court of Appeals for the 10th Circuit affirmed the decision holding that AOL performance in this matter was as a mare conduit providing Internet access and as such immune under the CDA.