Digital Content

Donald Trump has been impeached for trying to kill the results of our last election, but we should have no illusions that whatever happens at his trial, the weapon he used is still freely available for others to deploy. It’s a realm called “cyberspace” — where we’re all connected but no one is in charge. Trump, like no leader before, took advantage of that realm to spread a Big Lie, undermine trust in our electoral system and inspire an attack on our Capitol.

As the lead staffer for Chairman Ed Markey (D-MA) on Telecommunications Act of 1996 (TA96), I often smile when people “correct” me to explain that Section 230 wasn’t part of TA96, but rather part of the Communications Decency Act (CDA). The reality is that Section 230 is contained in Title V of the Telecommunications Act of 1996, a title that the framers of TA96 indicated could also be referred to by its “short title,” as the “Communications Decency Act of 1996.” Today, however, I feel people can simply call it what they want.

Sir Tim Berners-Lee and his business partner, John Bruce, have launched Inrupt, a company that allows consumers, rather than companies, to control their own data, to store it in pods, and to move it wherever they please. That means Facebook, Google or any other Big Tech company will no longer be able to extract an individual's photos, comments or purchase history without asking.

The Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act would clarify that Section 230:

Comcast will suspend its new fees on heavy home Internet users in more than a dozen Northeastern states, reversing course on a policy that threatened higher bills for some families amid the coronavirus pandemic. Comcast will postpone the new charges after Pennsylvania Attorney General Josh Shapiro (D-PA) raised concerns that Comcast’s policy threatened to disproportionately harm cash-strapped Americans who are learning, working, and communicating primarily online.

Three institutional and strategic problems that President Joe Biden’s Federal Communications Commission will have to resolve:

Rates for many of the communications and content services we’ve all grown to rely on over the last year have risen recently or will rise in 2021, and there’s little you can do about it. Pay-TV service providers have watched their revenue decline as a growing number of Americans cut the cable cord and rely instead on internet-based streaming services. To compensate, and to keep shareholders happy, the industry keeps steadily increasing the cost of broadband internet access — and claiming that the higher fees are justified by ongoing investments in data networks.

AT&T has agreed to a $12 million settlement in a class-action lawsuit over its throttling of "unlimited" mobile data plans. As usual, refunds to individual customers amount to a fraction of what the customers paid for the hobbled service. The paltry nature of expected per-person payments was explained by plaintiffs in a filing that asked the US District Court for the Northern District of California to approve the settlement.

The House Commerce Committee now officially labels the hot-button issue of Section 230 under the jurisdiction of its communications and technology subcommittee, which is chaired by Rep. Mike Doyle (D-PA). During the previous Congress, Commerce 

Relying on Sec 230, tech companies increasingly pull the plug on disfavored posts, websites, and even people. Online moderation can be valuable, but this censorship is different. It harms Americans’ livelihoods, muzzles them in the increasingly electronic public square, distorts political and cultural conversations, influences elections, and limits our freedom to sort out the truth for ourselves. But does the 1996 Communications Decency Act really justify Big Tech censorship?