Sen Hawley Introduces Ending Support for Internet Censorship Act

Senator Josh Hawley (R-Mo.) introduced the Ending Support for Internet Censorship Act, a major update to the way big tech companies are treated under Section 230 of the Communications Decency Act (CDA). Sen. Hawley’s legislation removes the immunity big tech companies receive under Section 230 unless they submit to an external audit that proves by clear and convincing evidence that their algorithms and content-removal practices are politically neutral. Sen. Hawley’s legislation does not apply to small and medium-sized tech companies. The bill:

• Removes automatic immunity under Section 230 from big tech companies
• Gives big tech companies the ability to earn immunity through external audits
  • Big tech companies would have to prove to the FTC by clear and convincing evidence that their algorithms and content-removal practices are politically neutral
  • The FTC could not certify big tech companies for immunity except by a supermajority vote
  • Big tech companies would be responsible for the cost of conducting audits
  • Big tech companies would have to reapply for immunity every two years
• Preserves existing immunity for small and medium-sized companies
  • The bill applies only to companies with more than 30 million active monthly users in the U.S., more than 300 million active monthly users worldwide, or who have more than $500 million in global annual revenue