People v. Gourlay, 2009 Mich. App. LEXIS 461 Extend of 47 USC 230 (§ 230) In Criminal Child Porn case

You make a good point about the Gourlay case (PDF of decision available here).  It's a rather strange case in which the defendant didn't raise Section 230 at trial.   On appeal, he claimed that Section 230 immunized his conduct but the appellate court concluded that the jury didn't need to be instructed about Section 230 becuase the crime of child sexual abuse requires the state "to prove that the defendant 'persuade[d], induce[d], entice[d], coerce [d], cause[d], or knowingly allow[ed] a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material.'"  The court held that a typical web host does not fulfill the scienter requirements:

An interactive computer service provider, by providing bandwidth, by publishing content that was generated by an information content provider's use of the service's general features and mechanisms, or by knowing of the nature of the published content, has not taken an intentional action directed toward a child to engage the child in child sexually abusive activity.

As Eric Goldman notes, "the conviction could be consistent with 230. . . . because Gourlay as a vendor did more than provide bandwidth, publish content and know the contents being published."