Section 230 Is Under Attack (Again)

Once again, lawmakers are threatening to strip tech companies of their legislative sword and shield. Section 230, also known as the twenty-six words that made the internet, is a small section of the Communications Decency Act that protects social media platforms from legal liability when making decisions around users’ posts. (It protects a website like Yelp, for instance, from being sued over defamatory reviews written by its users.) When Section 230 was first enacted, in 1996, it attracted bipartisan support, with the intention of helping struggling websites to grow. But as tech companies developed enormous power and influence, lawmakers started to argue that the provision gives platforms too much immunity. As such, Section 230 has become a frequent target for legislative change. I wrote about some of these calls before Christmas, while noting that it wasn’t yet clear exactly where the new administration stood on the question.