Discussion groups often exercise little control over the messages that are posted. A pro-Bush statement can be followed immediately by an anti-Bush message.

Can eGroups be held liable for the communication disseminated through its service? Similarly, can Xoom.com be held liable for the political advocacy expressed on its site by users?

In section 230(c)(1) of the Communications Act, 47 U.S.C. 230(c)(1), Congress limited liability of those who provide opportunities for others to speak on the Internet. A service provider is not liable for the content created by third-party users. (Zeran v. AOL, 129 F.2d 327, 4th Cir. 1997)

In Advisory Opinion 1999-24, the FEC made it clear that these free services, even if advertising supported, are not corporate contributions to a campaign.