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Sophia Steele
A bipartisan bill aimed at repealing Section 230 of the Communications Decency Act is in the works, according to reports. The proposal, led by Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL), would sunset the law in two years, removing protections that have shielded web services and users from legal liability for speech produced by others since the 1990s.
Section 230 has been a contentious issue in the tech industry, with critics arguing that it either reduces incentives for social media platforms to police illegal content or gives them too much freedom to remove content that's not illegal. The law has been under bipartisan fire as the power of tech companies has grown, and lawmakers have struggled to find a consensus on how to reform it.
The proposal to sunset Section 230 is not new, with Graham introducing a similar bill in 2020. However, the addition of a prominent Democrat like Durbin could give the proposal new momentum. The top bipartisan lawmakers on the House Energy and Commerce Committee floated a similar proposal last year, but it failed to gain traction.
Durbin argues that the law's usefulness has "long since passed" and that it's time to reevaluate the protections it provides to tech companies. "Section 230, and the legal immunity it provides to Big Tech, has been on the books since 1996—long before social media became a part of our daily lives," he said in a statement.
The implications of repealing Section 230 are far-reaching, with many arguing that it would fundamentally change the way the internet works. Without the protections provided by the law, social media platforms, blogs, and listserv operators would be liable for the content posted by their users, potentially leading to a significant shift in how they moderate content.
Some critics of Section 230, like Digital Content Next, see value in putting pressure on tech companies to engage in solutions rather than rejecting attempts at reform outright. "The beauty of the sunset bill is, I think it would bring platforms to the table in a more thoughtful way," says Chris Pedigo, DCN's SVP of government affairs.
Despite the bipartisan support, passing any tech legislation has proven to be a challenging task, especially in the current political climate. The proposal's fate remains uncertain, but it's clear that the debate over Section 230 is far from over.
In the midst of this debate, the tech industry is holding its breath, waiting to see how lawmakers will choose to regulate the online sphere. One thing is certain: the outcome of this proposal will have significant implications for the future of the internet and the role of tech companies in shaping online discourse.
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