http://www.freerepublic.com/focus/news/3886950/posts?page=1
The Justice Department Unveils Proposed Section 230 Legislation on Behalf of the Administration
justice.gov/ ^ | 9/23/2020 | justice.gov/
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The Department of Justice’s draft legislation focuses on two areas of reform, both of which are, at minimum, necessary to recalibrate the outdated immunity of Section 230.
Promoting Transparency and Open Discourse
First, the draft legislation has a series of reforms to promote transparency and open discourse and ensure that platforms are fairer to the public when removing lawful speech from their services.
The current interpretations of Section 230 have enabled online platforms to hide behind the immunity to censor lawful speech in bad faith and is inconsistent with their own terms of service. To remedy this, the department’s legislative proposal revises and clarifies the existing language of Section 230 and replaces vague terms that may be used to shield arbitrary content moderation decisions with more concrete language that gives greater guidance to platforms, users, and courts.
The legislative proposal also adds language to the definition of “information content provider” to clarify when platforms should be responsible for speech that they affirmatively and substantively contribute to or modify.
Addressing Illicit Activity Online
The second category of amendments is aimed at incentivizing platforms to address the growing amount of illicit content online, while preserving the core of Section 230’s immunity for defamation claims.
Section 230 immunity is meant to incentivize and protect online Good Samaritans. Platforms that purposely solicit and facilitate harmful criminal activity — in effect, online Bad Samaritans — should not receive the benefit of this immunity. Nor should a platform receive blanket immunity for continuing to host known criminal content on its services, despite repeated pleas from victims to take action.
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