DOJ Proposes Section 230 Changes to Congress

On September 23, the DOJ submitted its proposed Section 230 changes to Congress. The legislation would make it more difficult for big tech to escape liability for content moderation, requiring an “objectively reasonable belief” that the content they remove falls into the new, explicitly-enumerated categories of allowable restrictions, replacing “otherwise objectionable” with “unlawful,” “promotes terrorism,” and “promotes self-harm.” The proposed changes would also allow platforms to remove content if its enforcement is in “good faith” and in compliance with its publicly available terms of service accompanied by a reasonable explanation. Additionally, the DOJ proposes carve-outs to incentivize platforms to address illicit content. This includes carve-outs for child abuse, terrorism, and cyber-stalking to allow victims to seek civil relief for their injuries. The DOJ also clarified that federal antitrust claims are not inhibited by Section 230. Read more here

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