Communications Decency Act Section 230 has outlived its usefulness and should be repealed, Sens. Dick Durbin, D-Ill., and Lindsey Graham, R-S.C., told us this week.
Section 230
The House Commerce Committee on Sunday announced bipartisan draft legislation that would sunset Communications Decency Act Section 230 in December 2025. Chair Cathy McMorris Rodgers, R-Wash., and ranking member Frank Pallone, D-N.J., issued a discussion draft that encourages "Congress and stakeholders to work together over the next 18 months to evaluate and enact a new legal framework that will allow for free speech and innovation while also incentivizing these companies to be good stewards of their platforms.” Rodgers and Pallone said in a Wall Street Journal joint opinion piece Sunday: “Section 230 is now poisoning the healthy online ecosystem it once fostered. Big Tech companies are exploiting the law to shield them from any responsibility or accountability as their platforms inflict immense harm on Americans, especially children.” The legislation offers the tech industry a choice, they said: “Work with Congress to ensure the internet is a safe, healthy place for good, or lose Section 230 protections entirely.” CTA CEO Gary Shapiro opposed the draft bill, saying in a statement Monday that “Section 230 has propelled the U.S. to global leadership in tech and given us the world’s most dynamic startup ecosystem. Eliminating Section 230 would be a huge gift to our economic rivals abroad. Congress should say NO to this bill.” Similarly, NetChoice opposed the measure, with Vice President Carl Szabo saying Section 230 doesn’t shield violators from federal criminal law. Sunsetting Section 230 won't achieve Congress’ intended goal of holding bad actors accountable, he said. NetChoice recommended Congress craft laws that increase resources for law enforcement as it investigates and prosecutes “digital criminals.” In the Senate Judiciary Committee, Chair Dick Durbin, D-Ill., and ranking member Lindsey Graham, R-S.C., have explored repealing Section 230 as a way of protecting children from social media harms (see 2403110033).
The FTC should narrow the scope of its online impersonation rule, preventing unnecessary liability for broadband and wireless providers, NCTA, CTIA, USTelecom and the Consumer Technology Association told the agency in comments posted through Wednesday. Consumer advocates urged the agency to make the rule broad enough to stop companies from turning a blind eye to scams.
California state and local enforcers could seek injunctive relief for digital discrimination under modification to a bill by Assemblymember Mia Bonta (D). The Assembly Judiciary Committee approved AB-2239 with the amendment at a livestreamed meeting Tuesday. The panel and the Senate Judiciary Committee also considered multiple bills on algorithms and social media.
House Commerce Committee members on Thursday vowed to find a bipartisan solution for updating Communications Decency Act Section 230.
If Congress doesn’t approve kids’ online safety legislation, then it should repeal Communications Decency Act Section 230, Senate Judiciary Committee Chairman Dick Durbin, D-Ill., told us last week.
The nascent Republican leadership race to succeed retiring House Commerce Committee Chair Cathy McMorris Rodgers (Wash.) is scrambling expectations as to who will hold the GOP's top seat on the House Communications Subcommittee in the next Congress, lobbyists and observers told us. Environment Subcommittee Chairman Buddy Carter, R-Ga., confirmed to us Thursday he’s interested in House Communications’ lead GOP seat, but other lawmakers are too. There’s even more uncertainty about what Republican will lead the delegation on the Senate Communications Subcommittee in the next Congress as ranking member John Thune (S.D.) is a likely contender to succeed Mitch McConnell (Ky.) as the party's chamber leader.
A U.S. Supreme Court decision recognizing the need for social media regulation -- despite First Amendment and Section 230 protections -- would be a “big victory” for Florida and Texas, New York Deputy Solicitor General Ester Murdukhayeva said Thursday.
It’s possible social media platforms could be considered common carriers when delivering emails or direct messages, the U.S. Supreme Court's conservative justices said Monday.
Expect a U.S. Supreme Court majority to side with the tech industry in its content moderation fight against social media laws in Florida and Texas, experts told us in interviews last week.