The Communications Decency Act (or CDA) of 1996 was the first real attempt by the U.S. Congress to get involved in the regulation and censoring of pornographic or obscene material. The Act was Title V of an omnibus bill called the Telecommunications Act of 1996. The CDA was first introduced to the Senate Committee on Commerce, Science, and Transportation by James Exon, a Democrat from Nebraska, and Slade Gorton, a Republican from Washington.

The law's purpose was to stop, or inhibit, the profusion of pornography, and other obscene material. The word used in the text is “indecent”, but it remains undefined throughout the bill, with no legislator willing to create a definition which clearly articulates what indecency is without including art or creative writing. Indecent remains a term which is subjective in nature—meaning each person's idea of what is indecent varies wildly. While some find particular art “indecent”, some would find it perfectly fine. The same goes for humor or writing.

What is clearcut about the act is that it upholds the illegality of defamation, whether slander or libel, on the Internet. However, Section 230 of the CDA specifically exempts Internet Service Providers  from liability for defamatory comments. The courts have defined the term “Internet Service Providers” quite broadly, though. This broad interpretation of Section 230 has served to protect Internet Service Providers and third-parties from litigation concerning libel or slander online.