Section 230 Protections: Can Legal Revisions or Novel Technologies Limit Online Misinformation and Abuse? Proceedings of a Workshop–in Brief (2021) / Chapter Skim
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Section 230 Protections: Can Legal Revisions or Novel Technologies Limit Online Misinformation and Abuse?: Proceedings of a Workshopin Brief
Section 230 Protections: Can Legal Revisions or Novel Technologies Limit Online Misinformation and Abuse?: Proceedings of a Workshopin Brief
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Section 230 should be revised. In welcoming participants, workshop planning committee chair Judith Miller noted that the workshop's purpose was to address legal, policy, and technological aspects of Section 230 and its relationship with such critical issues as free speech, privacy, and civil rights and to examine approaches to address concerns about internet immunity protections while preserving free speech and democratic norms.
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PANEL 1: USE OF TECHNOLOGY IN CONTENT MODERATION The panel moderator and workshop planning committee member Edward Felten (Princeton University) , observed that, while technology continues to advance to moderate content, humans will always play a key role.
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Stamos noted that as services provide more amplification, there are correspondingly less free expression rights and diminished expectations of privacy. While most attention centers around content takedowns, he noted other options allow for free expression but also limit amplification (see Figure 1)
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PANEL 2: DISINFORMATION TO INFLUENCE AND UNDERMINE U.S. AND GLOBAL DEMOCRATIC PROCESSES Panel moderator, workshop planning committee member Martha Minow There needs to be some way, like a (Harvard Law School)
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Kornbluh said the internet grew up in an era when it was believed the market would suffice, that the internet would be pro-democratizing, and that regulations were not needed. PANEL 3: HARMS TO INDIVIDUALS: HATE SPEECH, VIOLENCE, HARASSMENT AND BULLYING In introducing a panel on online harms to individuals and ways to address them, panel moderator, workshop planning committee member, Susan Silbey (Massachusetts Institute of Technology)
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"We are in the early days of internet regulation and we should have a dynamic, rather than static, regulatory regime," she said. 12 See Zachary Laub, Hate Speech on Social Media: Global Comparisons, Council on Foreign Relations, June 7, 2019, available at: https://www.
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PANEL IV: COMMERCIAL PRACTICES AND IMPACTS ON PRIVATE AND CIVIL RIGHTS Panel moderator and workshop planning committee member David Vladeck (Georgetown Law School) asked the next panel about the impact of platforms' commercial practices, such as hypertargeting and advertising, on privacy and civil rights.
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Mulligan suggested that platforms be required to perform due diligence around systemic risks before they can benefit from safe harbor protections. PANEL 5: INTERNATIONAL APPROACHES TO CONTENT MODERATION In looking at alternatives to Section 230, examples from other countries are useful, suggested panel moderator and workshop planning committee member Daphne Keller (Stanford University)
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Although the United States "placed a reservation" on this provision because it regulates speech protected under the First Amendment, the provision provides a focus for thinking internationally about content, Kaye said.22 Kaye highlighted three examples where human rights law principles relate to internet content. Brazil's Marco Civil da Internet gives courts a central role to in determining whether a particular content action meets principles of due process and legal thresholds drawn from human rights law.
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Supreme Court decisions have adopted this perspective, 24 For further background, see two CRS recent reports: Social Media: Misinformation and Content Moderation Issues for Congress (Report R46662) and Section 230: An Overview (R46751)
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PANEL 7: PROPOSALS TO REPEAL, RETAIN, AND MODIFY SECTION 230 The final workshop panel, moderated by workshop planning member Benjamin Wittes (The Brookings Institution) , considered a range of potential responses to the issues raised by Section 230.
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Goldman suggested that advertisers would abandon the current business model and that this would result in subscription-only access or other reconfigurations. Llansó and Goodman commented that the common carrier concept conflates concerns about social media platforms with a desire for increased competition.
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Knight Foundation and the Gordon and Betty Moore Foundation. For additional information about the Planning Committee for Section 230 Protections: Can Legal Revisions or Novel Technologies Limit Online Misinformation and Abuse?
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