The FCC and Section 230

One of the oddest areas of law under the jurisdiction of the Federal Communications Commission is 47 U.S.C. § 230 (Section 230). This is the law that shields internet service providers and social media platforms from liability for content created by users. Section 230 is very much in the political news these days. There were 25 bills introduced in Congress over the last two sessions to modify Section 230 language. The bills look at a range of different topics. One set of proposed regulations would provide more protection for children online. The Senate recently passed the Kids Online Safety Act (KOSA) which would create a duty of care for online platforms to take steps to protect young users. If passed by the House, this would be the most significant online safety statute since the Children’s Online Privacy Protection Act in 2000. Other proposed laws deal with content moderation by online platforms. To anybody who follows the FCC, the idea of the agency getting involved in these kinds of messy controversies seems alien to the rest of its mission statement. But since issues related to content moderation are heating up, it’s likely the FCC will get pulled into the fray.