The second claim Zeran made on appeal was again that the CDA should not apply retroactively. Again the court cited §230(d)(3) of the CDA, which reads that "No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." The court believed that this statute indicated that, "Congress clearly expressed its intent that the statute apply to any complaint instituted after its effective date," and that therefore any issue of retroactivity was moot.