FCC head says commission can interpret Section 230 regulations, signals plan to do so

Posted:
in General Discussion edited October 2020
Federal Communications Chairman Ajit Pai on Thursday announced that the agency would move forward with new rules that would "clarify the meaning" of the law that regulates Internet publishers and platforms.

Credit: FCC
Credit: FCC


Section 230 of the Communications Decency Act provides broad protections for online platforms shielding them from liability for content posted by others on their sites -- including illicit material assuming certain actions were taken by the platforms. The protections allowed early platforms to flourish, but has come under scrutiny from lawmakers and regulators.

In a statement on Thursday, Pai said that the FCC's general counsel informed him that the Commission has the "legal authority to interpret Section 230." On that advice, Pai said he would move forward "with a rulemaking to clarify its meaning."

I intend to move forward with an @FCC rulemaking to clarify the meaning of #Section230.

Read my full statement below. pic.twitter.com/LhUz5XMdSC

-- Ajit Pai (@AjitPaiFCC)


The FCC chairman also said that the U.S. Commerce Department recently petitioned the agency to clarify ambiguities in the Section 230 protections, and noted that Supreme Court Justice Clarence Thomas said that the courts have applied Section 230 in a way that appears to "go far beyond the actual text of the provision."

In September, the U.S. Justice Department unveiled draft legislation that would reform the legal protections. The U.S. Senate has also subpoenaed the CEOs of Facebook, Google, and Twitter to testify before Congress about the existing protections.

Section 230 has been a favorite target of Republicans, who believe that social media companies use those protections to censor conservative viewpoints. Democrats have their own issues with the law, including that it shields social media platforms when they proliferate misinformation, disinformation, and misleading content.

The Justice Department included elements in its legislation that would deny immunity to platforms that don't take action on illicit content, and also includes a content for child sexual abuse. Existing proposed reforms, including the ones suggested by the Department of Justice, would require more moderation by platforms and social media, not less, to qualify for protections against users posting illicit content.

It isn't clear how Pai intends to reform or narrow the protections of Section 230, nor is it clear if the agency actually has the authority to do so beyond its own attorneys saying it does.

"Social media companies have a First Amendment right to free speech," Pai said. "But they do not have a First Amendment right to a special immunity denied to other media outlets, such as newspapers and broadcasters."
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Comments

  • Reply 1 of 26
    carnegiecarnegie Posts: 1,078member
    Federal Communications Chairman Ajit Pai on Thursday announced that the agency would move forward with new rules that would "clarify the meaning" of the law that regulates Internet publishers and platforms.

    Credit: FCC
    Credit: FCC


    Section 230 of the Communications Decency Act provides broad protections for online platforms shielding them from liability for content posted by others on their sites -- including illicit material assuming certain actions were taken by the platforms. The protections allowed early platforms to flourish, but has come under scrutiny from lawmakers and regulators.

    In a statement on Thursday, Pai said that the FCC's general counsel informed him that the Commission has the "legal authority to interpret Section 230." On that advice, Pai said he would move forward "with a rulemaking to clarify its meaning."

    I intend to move forward with an @FCC rulemaking to clarify the meaning of #Section230.

    Read my full statement below. pic.twitter.com/LhUz5XMdSC

    -- Ajit Pai (@AjitPaiFCC)


    The FCC chairman also said that the U.S. Commerce Department recently petitioned the agency to clarify ambiguities in the Section 230 protections, and noted that Supreme Court Justice Clarence Thomas said that the courts have applied Section 230 in a way that appears to "go far beyond the actual text of the provision."

    In September, the U.S. Justice Department unveiled draft legislation that would reform the legal protections. The U.S. Senate has also subpoenaed the CEOs of Facebook, Google, and Twitter to testify before Congress about the existing protections.

    Section 230 has been a favorite target of Republicans, who believe that social media companies use those protections to censor conservative viewpoints. Democrats have their own issues with the law, including that it shields social media platforms when they proliferate misinformation, disinformation, and misleading content.

    The Justice Department included elements in its legislation that would deny immunity to platforms that don't take action on illicit content, and also includes a content for child sexual abuse. Existing proposed reforms, including the ones suggested by the Department of Justice, would require more moderation by platforms and social media, not less, to qualify for protections against users posting illicit content.

    It isn't clear how Pai intends to reform or narrow the protections of Section 230, nor is it clear if the agency actually has the authority to do so beyond its own attorneys saying it does.

    "Social media companies have a First Amendment right to free speech," Pai said. "But they do not have a First Amendment right to a special immunity denied to other media outlets, such as newspapers and broadcasters."

    Mr. Pai is wrong, as was Justice Thomas in his statement regarding cert denial in the Malwarebytes case.
    williamlondon
  • Reply 2 of 26
    entropysentropys Posts: 4,168member
    Either social media places control on what it does, that is, act as a publisher, or it does not and acts like a carrier.
    you can’t pretend you are a carrier while controlling what is said. 

    They are publishers and should be treated like any other media, no special treatment.
    tnet-primarygeorgie01toddzrxcat52docno42jony0
  • Reply 3 of 26
    Mike WuertheleMike Wuerthele Posts: 6,861administrator
    entropys said:
    Either social media places control on what it does, that is, act as a publisher, or it does not and acts like a carrier.
    you can’t pretend you are a carrier while controlling what is said. 

    They are publishers and should be treated like any other media, no special treatment.
    The existing section 230 disagrees with you. Twitter does not generate its own content which is the requirement to be a publisher, and even if it did, only the content that Twitter staff generated or paid would count to make it a publisher. Fact-checking, editing, or deleting user-generated content doesn't make it a publisher, and "moderation" is, in fact, required by section 230 now, and in the proposed reforms. We'll see how it goes.

    As it stands, companies have first amendment protections, and those would likely have to be completely repealed before any meaningful section 230 reform happens.
    edited October 2020 StrangeDaysmuthuk_vanalingamjony0
  • Reply 4 of 26
    The actions of both Facebook and Twitter over the past several days are what pushed this to the forefront. 
    cat52
  • Reply 5 of 26
    LOL...the FCC will suddenly provide "clarification" for a law that's been on the books and upheld in court rulings for decades? What a joke. 
    williamlondoncornchip
  • Reply 6 of 26
    entropysentropys Posts: 4,168member
    entropys said:
    Either social media places control on what it does, that is, act as a publisher, or it does not and acts like a carrier.
    you can’t pretend you are a carrier while controlling what is said. 

    They are publishers and should be treated like any other media, no special treatment.
    The existing section 230 disagrees with you. Twitter does not generate its own content which is the requirement to be a publisher, and even if it did, only the content that Twitter staff generated or paid would count to make it a publisher. Fact-checking, editing, or deleting user-generated content doesn't make it a publisher, and "moderation" is, in fact, required by section 230 now, and in the proposed reforms. We'll see how it goes.

    As it stands, companies have first amendment protections, and those would likely have to be completely repealed before any meaningful section 230 reform happens.
    Ahh, becuase twitter or Facebook don’t write the stuff itself it isn’t a publisher? Must be a new meaning of the term. Unlike those journals, book publishers and even old MSM like TV channels, cable services, or even newspapers with “sponsored” content?

    personally, I agree the legislation doesn’t fit, and Twitter should just be treated as a common carrier. But then it can’t control the content. Interesting dilemma.
    edited October 2020 cat52docno42cornchipjony0
  • Reply 7 of 26
    LOL...the FCC will suddenly provide "clarification" for a law that's been on the books and upheld in court rulings for decades? What a joke. 
    No, they’re providing clarity on Section 230 regulations, which have recently become a concern because of unprecedented abuses of the regulation.
    cat52williamlondonrazorpitdocno42jony0
  • Reply 8 of 26
    carnegiecarnegie Posts: 1,078member
    entropys said:
    entropys said:
    Either social media places control on what it does, that is, act as a publisher, or it does not and acts like a carrier.
    you can’t pretend you are a carrier while controlling what is said. 

    They are publishers and should be treated like any other media, no special treatment.
    The existing section 230 disagrees with you. Twitter does not generate its own content which is the requirement to be a publisher, and even if it did, only the content that Twitter staff generated or paid would count to make it a publisher. Fact-checking, editing, or deleting user-generated content doesn't make it a publisher, and "moderation" is, in fact, required by section 230 now, and in the proposed reforms. We'll see how it goes.

    As it stands, companies have first amendment protections, and those would likely have to be completely repealed before any meaningful section 230 reform happens.
    Ahh, becuase twitter or Facebook don’t write the stuff itself it isn’t a publisher? Must be a new meaning of the term. Unlike those journals, book publishers and even old MSM like TV channels, cable services, or even newspapers with “sponsored” content?

    personally, I agree the legislation doesn’t fit, and Twitter should just be treated as a common carrier. But then it can’t control the content. Interesting dilemma.
    Because the law says providers and users of interactive computer services shall not be treated as publishers of information provided by others. Full Stop. No conditions are placed on that not-publishers treatment. Providers can censor for whatever reasons they want and are still, under existing law, not to be treated as the publishers of others' speech which they choose not to censor. They are treated as the speakers of their own speech, not as the publishers of others' speech.
  • Reply 9 of 26
    carnegiecarnegie Posts: 1,078member

    LOL...the FCC will suddenly provide "clarification" for a law that's been on the books and upheld in court rulings for decades? What a joke. 
    No, they’re providing clarity on Section 230 regulations, which have recently become a concern because of unprecedented abuses of the regulation.
    Clarity in what regard?

    It's possible that the FCC can provide clarity on some aspects of how Section 230 should be interpreted. But what aspects would those be?

    Some aspects - e.g., the unconditioned immunity of internet providers and users (as not being treated as the publishers of others' speech) - are already quite clear.
  • Reply 10 of 26
    carnegie said:

    LOL...the FCC will suddenly provide "clarification" for a law that's been on the books and upheld in court rulings for decades? What a joke. 
    No, they’re providing clarity on Section 230 regulations, which have recently become a concern because of unprecedented abuses of the regulation.
    Clarity in what regard?

    It's possible that the FCC can provide clarity on some aspects of how Section 230 should be interpreted. But what aspects would those be?

    Some aspects - e.g., the unconditioned immunity of internet providers and users (as not being treated as the publishers of others' speech) - are already quite clear.
    Looks like you could use their clarification also. Just wait.
    williamlondonrazorpit
  • Reply 11 of 26

    The existing section 230 disagrees with you. Twitter does not generate its own content which is the requirement to be a publisher, and even if it did, only the content that Twitter staff generated or paid would count to make it a publisher. Fact-checking, editing, or deleting user-generated content doesn't make it a publisher, and "moderation" is, in fact, required by section 230 now, and in the proposed reforms. We'll see how it goes.
    Except ... that ‘fact checking’ has become more than ‘moderation’. Surely you’re intelligent enough to see this? Or perhaps you’re just not aware of what’s going on.

    As one example among many, a friend of mine had his Facebook post ‘fact checked’ (i.e. censored) and the only thing it had was a link to a CDC page giving statistics on the effectiveness of mask wearing in a specific study of coronavirus cases. The CDC website, the CDC’s data itself, was considered dangerous enough to warrant censoring. If that’s not questionable enough, the idea that masks (of the type that the majority of people wear) are effective in stopping the spread of the coronavirus is not conclusively supported by any science right now.  So Facebook is censoring data from the CDC because they say it could be misleading even though how they claim it’s misleading isn’t scientifically proven. That’s called imposing an unproven opinion upon millions of people.

    When a service provider is imposing their own opinions on what users post—which is absolutely what’s going on—then they become publishers. By controlling the content to fit a specific perspective they are effectively publishing content. Hiding behind ‘independent fact checkers’ doesn’t mean that’s not what’s going on. They should be neutral, all voices heard equally (according to what is legal, at least).
    edited October 2020 cat52williamlondonrazorpitdocno42jony0
  • Reply 12 of 26
    carnegiecarnegie Posts: 1,078member
    georgie01 said:

    The existing section 230 disagrees with you. Twitter does not generate its own content which is the requirement to be a publisher, and even if it did, only the content that Twitter staff generated or paid would count to make it a publisher. Fact-checking, editing, or deleting user-generated content doesn't make it a publisher, and "moderation" is, in fact, required by section 230 now, and in the proposed reforms. We'll see how it goes.
    Except ... that ‘fact checking’ has become more than ‘moderation’. Surely you’re intelligent enough to see this? Or perhaps you’re just not aware of what’s going on.

    As one example among many, a friend of mine had his Facebook post ‘fact checked’ (i.e. censored) and the only thing it had was a link to a CDC page giving statistics on the effectiveness of mask wearing in a specific study of coronavirus cases. The CDC website, the CDC’s data itself, was considered dangerous enough to warrant censoring. If that’s not questionable enough, the idea that masks (of the type that the majority of people wear) are effective in stopping the spread of the coronavirus is not conclusively supported by any science right now.  So Facebook is censoring data from the CDC because they say it could be misleading even though how they claim it’s misleading isn’t scientifically proven. That’s called imposing an unproven opinion upon millions of people.

    When a service provider is imposing their own opinions on what users post—which is absolutely what’s going on—then they become publishers. By controlling the content to fit a specific perspective they are effectively publishing content. Hiding behind ‘independent fact checkers’ doesn’t mean that’s not what’s going on. They should be neutral, all voices heard equally (according to what is legal, at least).
    As to your last paragraph, that's not how it works. Providers (or uses) don't become publishers with regard to the speech of others even if they aren't 'neutral' in how they censor material. They are, of course, treated as the speaker of their own speech. But they aren't treated as the speaker or publisher of someone else's speech.

    Twitter could say: We will delete all tweets that express support for President Trump. And it could put that policy into effect. And it still wouldn't, under existing law, be treated as a publisher when it came to any tweets it left up. It is responsible for its own speech, not that of others. The same is true of you and me, as internet users. That's how Section 230 works.
  • Reply 13 of 26
    Mike WuertheleMike Wuerthele Posts: 6,861administrator
    georgie01 said:

    The existing section 230 disagrees with you. Twitter does not generate its own content which is the requirement to be a publisher, and even if it did, only the content that Twitter staff generated or paid would count to make it a publisher. Fact-checking, editing, or deleting user-generated content doesn't make it a publisher, and "moderation" is, in fact, required by section 230 now, and in the proposed reforms. We'll see how it goes.
    Except ... that ‘fact checking’ has become more than ‘moderation’. Surely you’re intelligent enough to see this? Or perhaps you’re just not aware of what’s going on.

    As one example among many, a friend of mine had his Facebook post ‘fact checked’ (i.e. censored) and the only thing it had was a link to a CDC page giving statistics on the effectiveness of mask wearing in a specific study of coronavirus cases. The CDC website, the CDC’s data itself, was considered dangerous enough to warrant censoring. If that’s not questionable enough, the idea that masks (of the type that the majority of people wear) are effective in stopping the spread of the coronavirus is not conclusively supported by any science right now.  So Facebook is censoring data from the CDC because they say it could be misleading even though how they claim it’s misleading isn’t scientifically proven. That’s called imposing an unproven opinion upon millions of people.

    When a service provider is imposing their own opinions on what users post—which is absolutely what’s going on—then they become publishers. By controlling the content to fit a specific perspective they are effectively publishing content. Hiding behind ‘independent fact checkers’ doesn’t mean that’s not what’s going on. They should be neutral, all voices heard equally (according to what is legal, at least).
    Given that AI runs a forum, where users can express opinions, I probably know more about "what's going on" from a legal and practical standpoint than you do, given that we have attorneys regularly review moderation decisions and our forum guidelines.
     
    All of this bolded is false by every legal definition. As it stands, Facebook is able to moderate as they see fit, and is able to fact-check as they see fit under whatever criteria they feel is appropriate. How you feel about their moderation is irrelevant.

    What Facebook (likely) moderated is the invalid interpretation of the CDC study that certain venues are spreading, and in no way does that make them a publisher. Regardless of what POTUS says, the CDC study does not say that 85% of mask-wearers will get COVID-19, and you are welcome to delve into it further elsewhere, if you are so inclined. This is what Facebook is moderating. Facebook, Twitter, or any other Internet venue are not required to leave public every opinion by any user that stops by, and they shouldn't be. And, under current law, like I said, companies have first amendment protections.

    You are welcome to dislike what Facebook is doing, and disagree with what the law calls a publisher, but it doesn't change the law. And, Pai can't either by himself.

    AppleInsider is responsible for what I publish on AppleInsider's main page. I am responsible for what I post here in the forums, the same that you are responsible for what you post here. AppleInsider is not responsible, and should never be responsible, for what you, me, or any other reader posts here in the forums. Facebook and Twitter are the same, in that regard.
    edited October 2020 bageljoeyStrangeDaysgatorguywilliamlondonmuthuk_vanalingamjony0jcc
  • Reply 14 of 26
    Mike WuertheleMike Wuerthele Posts: 6,861administrator
    entropys said:
    entropys said:
    Either social media places control on what it does, that is, act as a publisher, or it does not and acts like a carrier.
    you can’t pretend you are a carrier while controlling what is said. 

    They are publishers and should be treated like any other media, no special treatment.
    The existing section 230 disagrees with you. Twitter does not generate its own content which is the requirement to be a publisher, and even if it did, only the content that Twitter staff generated or paid would count to make it a publisher. Fact-checking, editing, or deleting user-generated content doesn't make it a publisher, and "moderation" is, in fact, required by section 230 now, and in the proposed reforms. We'll see how it goes.

    As it stands, companies have first amendment protections, and those would likely have to be completely repealed before any meaningful section 230 reform happens.
    Ahh, becuase twitter or Facebook don’t write the stuff itself it isn’t a publisher? Must be a new meaning of the term. Unlike those journals, book publishers and even old MSM like TV channels, cable services, or even newspapers with “sponsored” content?

    personally, I agree the legislation doesn’t fit, and Twitter should just be treated as a common carrier. But then it can’t control the content. Interesting dilemma.
    It's only "new" since the Section 230 provisions for Internet services were carved out in 1996.
    edited October 2020 williamlondon
  • Reply 15 of 26
    The actions of both Facebook and Twitter over the past several days are what pushed this to the forefront. 
    You mean making decisions what to host on their private property? If a billboard company doesn’t want to put up billboards for crazy conspiracy nutjobs, they don’t have to. It’s a free country and you can’t make private platforms run your manifesto if they don’t want to. Qanon cranks can host their own websites just fine. 

    Same with allowing the POTUS to publish falsehoods, lies, and factual misinformation. It isn’t his platform, and he has to follow the rules of the private platform. He’s free to publish as many press releases on his own website as he wants tho and not worry about being fact-checked for falsehoods, lies, and factual misinformation. 
    edited October 2020 williamlondonmuthuk_vanalingam
  • Reply 16 of 26
    DAalsethDAalseth Posts: 2,783member
    Section 230 has been a favourite target of Republicans, who believe that social media companies use those protections to censor conservative viewpoints. 

    I'm laughing about this. They pull the protections of Section 230 and far from making the companies open their sites up, they are going to double and triple down on "censorship". You think they restrict certain viewpoints now? You ain't seen nothing like what will happen. If they are suddenly responsible for what appears on their sites, they will chop anything that is controversial, and that will mostly be right wing opinions. Aren't some conservative talking heads continually going on about how Silicon Vally is so "liberal". Well if they do what they are threatening, there's no reason for FaceBook, Twitter, etc to hold back. 

    I've got my popcorn.
    williamlondon
  • Reply 17 of 26
    mac_dogmac_dog Posts: 1,069member
    The actions of both Facebook and Twitter over the past several days are what pushed this to the forefront. 
    Wrong again. It only appears like they’re someone else’s bitch. You know who I’m talking about. 
    williamlondon
  • Reply 18 of 26
    DAalseth said:
    Section 230 has been a favourite target of Republicans, who believe that social media companies use those protections to censor conservative viewpoints. 

    I'm laughing about this. They pull the protections of Section 230 and far from making the companies open their sites up, they are going to double and triple down on "censorship". You think they restrict certain viewpoints now? You ain't seen nothing like what will happen. If they are suddenly responsible for what appears on their sites, they will chop anything that is controversial, and that will mostly be right wing opinions. Aren't some conservative talking heads continually going on about how Silicon Vally is so "liberal". Well if they do what they are threatening, there's no reason for FaceBook, Twitter, etc to hold back. 

    I've got my popcorn.
    To the contrary, if protections are removed then anywhere people offer an opinion which could put a company at legal risk they will most likely just remove all comments. Facebook, Twitter and even AppleInsider would have to consider removing all comments. I know the comments section has been a source of aggravation for this site for years, but Facebook and Twitter would have to radically shift their business models or go out of business. Twitter would probably be most at risk.
    williamlondon
  • Reply 19 of 26
    Mike WuertheleMike Wuerthele Posts: 6,861administrator
    DAalseth said:
    Section 230 has been a favourite target of Republicans, who believe that social media companies use those protections to censor conservative viewpoints. 

    I'm laughing about this. They pull the protections of Section 230 and far from making the companies open their sites up, they are going to double and triple down on "censorship". You think they restrict certain viewpoints now? You ain't seen nothing like what will happen. If they are suddenly responsible for what appears on their sites, they will chop anything that is controversial, and that will mostly be right wing opinions. Aren't some conservative talking heads continually going on about how Silicon Vally is so "liberal". Well if they do what they are threatening, there's no reason for FaceBook, Twitter, etc to hold back. 

    I've got my popcorn.
    To the contrary, if protections are removed then anywhere people offer an opinion which could put a company at legal risk they will most likely just remove all comments. Facebook, Twitter and even AppleInsider would have to consider removing all comments. I know the comments section has been a source of aggravation for this site for years, but Facebook and Twitter would have to radically shift their business models or go out of business. Twitter would probably be most at risk.
    We've already had the conversations. If the 230 reforms are as dramatic as they look like they are going to be, and turn out to be what the DOJ wants, we are absolutely closing the forums. The risks of leaving them up are too great.
    edited October 2020 williamlondonmuthuk_vanalingam
  • Reply 20 of 26
    22july201322july2013 Posts: 3,573member
    DAalseth said:
    Section 230 has been a favourite target of Republicans, who believe that social media companies use those protections to censor conservative viewpoints. 

    I'm laughing about this. They pull the protections of Section 230 and far from making the companies open their sites up, they are going to double and triple down on "censorship". You think they restrict certain viewpoints now? You ain't seen nothing like what will happen. If they are suddenly responsible for what appears on their sites, they will chop anything that is controversial, and that will mostly be right wing opinions. Aren't some conservative talking heads continually going on about how Silicon Vally is so "liberal". Well if they do what they are threatening, there's no reason for FaceBook, Twitter, etc to hold back. 

    I've got my popcorn.
    To the contrary, if protections are removed then anywhere people offer an opinion which could put a company at legal risk they will most likely just remove all comments. Facebook, Twitter and even AppleInsider would have to consider removing all comments. I know the comments section has been a source of aggravation for this site for years, but Facebook and Twitter would have to radically shift their business models or go out of business. Twitter would probably be most at risk.
    We've already had the conversations. If the 230 reforms are as dramatic as they look like they are going to be, and turn out to be what the DOJ wants, we are absolutely closing the forums. The risks of leaving them up are too great.
    Yikes. The comments typically add extra value to the articles. I would absolutely continue to read AppleInsider without comments, and I would get less stress from the lack of hostile comments directed at me, but it would mean I'd have to find another way to express my creative side.

    I think AppleInsider could possibly find a compromise solution. Maybe moderate all comments. Or maybe only allow people with a long history of non-hostile comments to continue commenting.
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