Bipartisan Bill to Sunset Tech's Legal Liability Shield U...

Section 230 of the Communications Decency Act, which has been on the books since 1996, shields any interactive computer service or its users from legal liability for speech produced by someone else. This has allowed social media platforms, blogs, and listserv operators to moderate content without fearing lengthy litigation. However, critics argue that it either reduces incentives for large social networks to police illegal content or gives these platforms too much freedom to remove content that's not illegal.

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The Bipartisan Challenge to Section 230

Sen. Lindsey Graham (R-SC) and Sen. Dick Durbin (D-IL), the top Democrat on the Judiciary Committee, are planning to reintroduce a bill to sunset Section 230. This is a proposal that Graham has been pushing since 2020. The move to repeal Section 230 has gained new momentum with the backing of a prominent Democrat.

Implications of Repealing Section 230

Repealing Section 230 could remove protections that web services and their users have enjoyed since the 1990s, altering the way the internet works today. Critics argue that the law either reduces the incentives for large social networks to police illegal content like abuse and harassment, or gives these platforms too much freedom to remove content that's not illegal.

The Path Forward for Tech Legislation

Despite bipartisan support, passing any tech legislation has proven to be a difficult task. This is compounded by a constitutional crisis that has thrown Congress' power into question and raised the possibility that any new law could be abused or selectively enforced.