230 Debate Escalates

Sen Josh Hawley (R-MO) is poised to announce new legislation on Section 230 of the Communications Decency Act. The measure is expected to focus on enforcement of Section 230, the legal liability shield that immunizes tech platforms from lawsuits over user-posted content. It would open the possibility of treating certain tech companies as publishers and therefore more liable for the content that shows up on their sites. The office has been discussing this with a number of outside entities and experts in other Senate offices, according to the source, but it’s not yet clear whether the bill would have co-sponsors from the outset.

The tech industry says Section 230 has been indispensable, protecting it from company-crushing mountains of litigation. A major rethink would be panic-inducing for tech and would guarantee a fierce battle between Washington and Silicon Valley. That threat feels a little more real these days, as 230 has come under fire from lawmakers ranging from Sen Hawley to House Speaker Nancy Pelosi (D-CA) who have argued that it’s time to re-examine the statute, possibly tweaking, weakening or eliminating its protections altogether. Democrats tend to focus on tech’s failure to curb hate speech and misinformation, while Republicans focus on allegations of anti-conservative bias.