USCIB Submits Amicus Brief Supporting Tech Companies

USCIB, along with the Chamber of Commerce, NFTC and Business Roundtable submitted an amicus brief on December 6 in support of Twitter. The Ninth Circuit has determined that Twitter, along with Google and Facebook, were generally aware that some supporters or members of ISIS—an international terrorist organization—were among the billions of users on their social media platforms; therefore, these companies are potentially liable for an ISIS attack that killed 39 people in Istanbul. The amicus brief argues that the Ninth Circuit’s decision should be reversed.

According to USCIB General Counsel Nancy Thevenin, these companies could be subjected to liability for ISIS’s terrorist acts, even though they barred pro-terrorist content from their platforms and regularly removed such content when they become aware of it.

The amicus brief adds: “The court of appeals’ ruling effectively eviscerates Congress’s requirements that defendants must knowingly provide substantial assistance to an injury-causing terrorist attack before they may be held civilly liable under the Act. That dramatic expansion of liability would have significant adverse consequences for the entire business community.”

Staff Contact:   Nancy Thevenin

General Counsel
Tel: 212.703.5047

Nancy Thevenin supports the USCIB Arbitration Committee and coordinates the work of the U.S. Nominations Committee. She works closely with USCIB’s Business Development team in ensuring a more comprehensive policy, legal and arbitration membership outreach to both law firms and corporations. Thevenin previously served as deputy director of the ICC Court of Arbitration’s North American marketing office. During her tenure, the group helped launch the ICC International Mediation Competition and developed USCIB Young Arbitrators Forum (YAF), with Thevenin drafting the proposal for the ICC to make YAF a global organization. Nancy then joined Baker & McKenzie as a special counsel in and global coordinator of their International Arbitration Practice Group. She left Baker in 2014 to start her own practice as arbitrator and mediator and continues to teach the spring semester international commercial arbitration course at St. John’s Law School.
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