The Senate Judiciary Committee is scheduled to mark up the Eliminating Abusive and Rampant Neglect of Interactive Technologies (Earn It) Act Thursday (see 2006190055), the panel announced Monday. Based on customary committee practice, agenda items are generally held over a week, according to a committee spokesperson. S-3398 would alter Section 230 of the Communications Decency Act, exposing online platforms to civil liability for violating child sexual abuse material-related laws.
Section 230
DOJ should scrutinize how Google’s ad platform dominance allows the platform to stifle conservative news organizations, Sen. Marsha Blackburn, R-Tenn., wrote Attorney General William Barr Monday. Blackburn asked DOJ to scrutinize Google’s “control over vast sectors of the Internet economy, from online advertising to online search.” She threatened big tech companies’ liability protection under Section 230 of the Communications Decency Act: “Congress will act soon, and tech giants are on notice that they can no longer hide behind such immunities to silence speech or avoid antitrust enforcement.” DOJ and Google didn’t comment.
Expect “significant” proposed changes when the Senate Judiciary Committee marks up the Earn It Act, Sen. Richard Blumenthal told us Thursday (see 2006170063). “I’m ready for a markup, which will include some changes, some of them significant, to clarify the provisions in light of the feedback."
It appears there are enough votes for the Senate Judiciary Committee to advance bipartisan, Section 230 legislation for combating child exploitation, Chairman Lindsey Graham, R-S.C., told us Wednesday (see 2003110070). If Earn It Act (see 2003050066) co-sponsor Sen. Richard Blumenthal, D-Conn., is in favor, Graham will move to a vote: “I think we’ve got the votes, and I’m going to sit down with Sen. Blumenthal right after we do the policing [legislation] stuff, and if he’s ready to go, I’m ready to go.”
Facebook’s handling of President Donald Trump’s recent post about looting (see 2006100027) is dividing the Senate along party lines, leading Republicans to examine amendments to Section 230, as expected (see 2005290058). Sens. Ted Cruz, R-Texas; Marsha Blackburn, R-Tenn.; and Josh Hawley, R-Mo., said in interviews they are exploring proposals for altering the tech industry’s liability shield.
The Supreme Court should review Enigma Software v. Malwarebytes because the tech industry’s content liability protections are critical, the Internet Association said Monday (see 2006120030). Section 230 of the Communications Decency Act “ensures all online platforms can create and enforce codes of conduct and protect their users without fear of liability,” IA interim CEO Jon Berroya said. “It’s a critical time for the Supreme Court to protect online platforms’ ability to give users the tools to control their own online experiences.” IA filed its brief Friday, joining TechFreedom, the Electronic Frontier Foundation, a group of cybersecurity experts and ESET in support of Malwarebytes, which is claiming Section 230 immunity in the case.
The FCC should seek public comment on any NTIA petition about Communications Decency Act Section 230 (see 2006040056), said Commissioner Mike O'Rielly. "From there, we can see if there’s something that we should do or should not do" about President Donald Trump’s executive order on 230 and how it applies to social media platforms, said O'Rielly. Also last week, Commissioner Geoffrey Starks asked where's the petition.
It’s unlikely the FTC has motivation or authority to police social media companies for conduct President Donald Trump cited in his executive order (see 2005290058), compliance attorneys said in interviews this week. Some noted that comments from Commissioners Christine Wilson and Rohit Chopra suggest bipartisan interest in examining social media algorithms.
Take a “fresh look at Section 230 of the Communications Decency Act and clearly define the criteria for which companies can receive protections,” four Senate Republicans wrote the FCC Tuesday. The letter, from Sens. Marco Rubio, Fla.; Kelly Loeffler, Ga.; Josh Hawley, Mo.; and Kevin Cramer, N.D., cites “recent troubling activities by social media companies, including partisan attempts to silence political speech and efforts to silence critics of the Chinese Communist Party.” President Donald Trump's executive order (see 2006040056) directs NTIA to petition the FCC for a rulemaking to clarify the scope of Section 230. The FCC didn’t comment.
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