[liberationtech] What happens if the internet’s most important law disappears?

Yosem Companys ycompanys at gmail.com
Sat Feb 1 17:29:08 CET 2020


The law is Section 230 (or s230), Communications Decency Act 1996, which
insulates platform holders from legal reprisals based on the things we say and
do online. Think of it as a near-universal get-out-of- jail-free card for
websites that host content that may be defamatory or obscene.
Dr. Corynne McSherry, legal director at the Electronic Frontier Foundation, did
testify before the house Energy and Commerce Committee last year to defend s230.
She explained: "If you have ever forwarded an email -- whether a news article, a
party invitation or birth announcement -- you have done so with the protection
of Section 230."
If Section 230 is killed without proper thought to what comes next, then big
chunks of the internet will become unusable. Dr. McSherry, in testimony, said
that platforms like Facebook would have to use "extreme caution in their
moderation" to limit their own liability. That would mean censoring everything
and anything that could prompt a legal challenge or shutting down comment
threads entirely.
Smaller sites, which "don't have the ability to absorb the litigation costs like
Facebook does," and lack the money to implement comprehensive moderation, will
be in serious jeopardy.

What happens if the internet’s most important law disappears? If Facebook is
held liable for everything you write, it'll stop letting you write. engadget.com
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