Democrats and Republicans in Congress are aiming for a controversial law that protects internet platforms, including
The measure – just 26 words known as Section 230 – now faces its biggest hit since it was included in the Communications Decency Act of 1996. Requests to revise it increased in the months leading up to the November election and intensified after the deadly attack on Congress by the then president
Trump and his Republican Party allies say Section 230 gives companies room to maneuver to censor conservative speech, a statement he repeated on Sunday at a right-wing meeting in Florida. Democrats accuse the same Internet platforms of failing to contain disinformation and hate speech, arguing that Trump’s posts on electoral fraud fueled the Capitol insurrection on January 6.
Even some on Wall Street are pointing their fingers at the shield after the market turmoil caused by a horde of retail investors using online chat forums with targeted actions like
While industry lobbyists have called for a cautious approach, a House panel has already summoned Facebook’s executive directors,
Still, even with Democrats in control of Congress, any bill would need bipartisan support in the Senate to clear the 60-vote limit to move the legislation forward. This means that lawmakers will need to negotiate and make concessions at a time when they were deeply divided.
New measures to redesign Section 230 are expected in the coming weeks. Here is a guide to the proposals on the table:
In this video, we learned what Section 230 means for the modern internet and explored the uncertain future of the law.
Hate speech and civil rights
SAFE TECH ACT: The Consumer Protection, Fraud, Exploitation, Threats, Extremism and Health Act (SAFE TECH) was the first Section 230 bill introduced in the Senate this year. Launched on February 5 by Democratic senators
LIGHTS: The legislation would hold technology companies responsible for content belonging to four categories: civil rights, international human rights, antitrust and harassment, harassment or intimidation. It would clarify that companies can be held responsible for manslaughter actions, which means that families can sue platforms that may have contributed to the death of a person.
The move would drastically change the underlying law to limit companies’ liability protections, treating them as publishers of any paid content on their platforms. This includes advertising that generates huge profits for Google, Twitter and Facebook. It restricts the provision of liability to cover only “speech” by third parties, instead of the generic term “information” in the original law. It would also allow victims to seek court orders when a company fails to address material that “is likely to cause irreparable damage”.
SUPPORT AND OPPOSITION: The NAACP Legal and Educational Defense Fund and the Anti-Defamation League supported the project.
NetChoice, which represents big tech companies like Facebook and Google, is opposed to the bill, saying it “kicks off” Section 230.
“The bill would not only curb freedom of expression on the Internet, but would also revoke Section 230 protections for all e-commerce markets,” such as Etsy Inc., said
WHAT IS THE NEXT: Representative
Democratic Representatives
Content moderation and consumer rights
PACT ACT: The bipartisan Platform Responsibility and Consumer Transparency Act (PACT) was introduced in the Senate in June 2020. Senator
LIGHTS: This would require “major online platforms” to remove content within 24 hours if notified of a court determination that the content is illegal. Companies would be required to issue quarterly reports, including data on content that has been removed, demonetized or depreciated. It would also allow consumers to appeal content moderation decisions. The legislation would allow the US
SUPPORT AND OPPOSITION: The move is supported by the Alliance for Safe Online Pharmacies, which works to combat illegal online pharmacies. NetChoice and the digital rights group Electronic Frontier Foundation oppose the project.
The Internet Association, which represents companies, including
WHAT IS THE NEXT: The PACT ACT is expected to be reintroduced later this month, according to a person familiar with the matter.
In the Chamber, Representative
The bill would require social media companies and online markets to create consumer protection policies that define whether content can be blocked, removed or modified. The policy also needs to describe how a user will be notified if content is being removed and how to appeal the removal.
Child Exploitation
EARN ACTION: The bipartisan Law on the Elimination of Abusive and Rampant Negligence in Interactive Technologies (EARN IT) was introduced in the Senate in March 2020 and was proposed by the Senate Judiciary Committee. Senators
LIGHTS: This would allow for state civil and criminal prosecution, as well as federal civil prosecution, if companies advertise, promote, present, distribute, or request child sexual abuse material. The legislation would also establish a National Commission for the Prevention of Child Sexual Exploitation Online, which would create voluntary best practices for the industry. An amendment at the last congress removed the original text that conditioned liability protection on companies that adopted best practices.
SUPPORT AND OPPOSITION: The project is supported by groups of sex trafficking survivors, including the National Center for Missing and Exploited Children and the National Center for Sexual Exploitation.
The Internet Association said it supports the goal of ending online child exploitation, but said the project “would create a damaging lack of consistency” with state laws and said it plans to work with lawmakers to improve the project.
WHAT IS THE NEXT: The project must be reintroduced at this Congress, according to a spokesman for Blumenthal. Senator
Industry opposition
The Internet Association said that Section 230 strikes a “careful balance” between protecting companies from lawsuits and encouraging them to proactively remove hate and extremist speech online. Removing the protections would discourage companies from moderating any content for fear of being prosecuted, the group says.
The group also claims that legislation often fails to keep up with the changing nature of the Internet and that costly legal requirements can cause start-ups to close their doors.
“The imposition of excessively prescriptive and costly requirements through legislation or regulations will have a negative impact on the Internet ecosystem,” the trade group told Congress in testimony last year.
Still, many companies recognize that some change in the measure is inevitable and are prepared to work with lawmakers to help draft proposals – also in the interest of avoiding more draconian measures.
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Zachary Sherwood
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