November 16, 2018
Housing

Section 230 should not fully immunize Facebook’s Ad Platform from the Fair Housing Act

Amicus Brief in Onuoha v. Facebook

Aaron Rieke, Logan Koepke, and Miranda Bogen

Amicus brief

We filed a legal brief in Onuoha v. Facebook arguing that Section 230 should not fully immunize Facebook’s Ad Platform from the Fair Housing Act. We describe how Facebook itself, independently of its advertisers, participates in the targeting and delivery of housing advertisements based on protected status: by creating "Lookalike Audiences" for housing advertisers based on its users’ protected class status, Facebook develops content that materially contributes to violations of the Fair Housing Act; and by making independent decisions about the delivery of advertisements based on its users’ protected class status, Facebook exposes itself to claims under the Fair Housing Act.