The Justice Department and Congress are considering changes to Section 230 of the Communications Decency Act that protects tech platforms from lawsuits over content posted by its users. Critics of social media argue that they do not do enough to remove offensive content sexual content but also lies and distortions relating to elections. Senator Lindsay Graham’s bill would put tech companies under more scrutiny. “The bill seeks to withhold Section 230’s legal protections from tech companies unless they agree to implement ‘best practices’ that would be designed by a commission and ultimately approved by the attorney general,” writes Brian Fung for CNN, February 25, 2020.
In targeting Section 230, the Trump administration is attacking the law that made the internet possible write Berin Szoka, Ashkhen Kazaryan and Jess Miers, techdirt, February 21, 2020. They argue that Section 230 makes those creating the content responsible for it. Websites would die if subjected to myriads of lawsuits and ultimately be forced to eliminate user content. Government intervention would also eliminate innovations in content moderation.
Elizabeth Nolan Brown of Reason, February 21, 2020, by Elizabeth Nolan Brown argues that Attorney Bill Barr is using child exploitation as a reason to change Section 230 even though existing laws enable enforcement of federal laws against child porn and other sexual exploitation. She also writes that a number of media companies hurt by the success of Googe and Facebook are in favor of altering Section 230. Marriott is against it because of the success of rental platforms like Airbnb.
For related FAC coverage on the issue, click here, here and here.