Chairman Pai's Response to Senators Regarding the Executive Order on Preventing Online Censorship

On June 9, Sens Marco Rubio (R-FL), Kelly Loeffler (R-GA), Kevin Cramer (R-ND), and Josh Hawley (R-MO) wrote to Federal Communications Commission Chairman Ajit Pai, requesting the agency take a fresh look at Section 230 of the Communications Decency Act and clearly define the criteria for which companies can receive protections under the statute. Social media companies have become involved in a range of editorial and promotional activity; like publishers, they monetize, edit, and otherwise editorialize user content. It is time to take a fresh look at Section 230 and to interpret the vague standard of ‘good faith’ with specific guidelines and direction. In addition, it appears that courts have granted companies immunity for editing and altering content even though the text of Section 230 prohibits immunity for any content that the company ‘in part … develop[s].’ These interpretations also deserve a fresh look. We therefore request that the FCC clearly define the framework under which technology firms, including social media companies, receive protections under Section 230.

On July 16, Chairman Pai wrote back saying, "this is an important debate, and the Federal Communications Commission will carefully review any request for rulemaking filed pursuant to the [President Trump's Executive] Order." Chairman Pai said that it would be inappropriate for him to comment any more before receiving an expected petition from the Department of Commerce asking for clarification on Section 230.